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PARENTS INVOLVED v. SEATTLE SCHOOL DIST. 1

No. 01-35450.

377 F.3d 949 (2004)

PARENTS INVOLVED IN COMMUNITY SCHOOLS, a Washington nonprofit corporation, Plaintiff-Counter-Defendant-Appellant, v. SEATTLE SCHOOL DISTRICT, NO. 1, a political subdivision of the State of Washington; Joseph Olchefske, in his official capacity as superintendent; Barbara Schaad-Lamphere, in her official capacity as President of the Board of Directors of Seattle Public Schools; Donald Nielsen, in his official capacity as Vice President of the Board of Directors of Seattle Public Schools; Steven Brown; Jan Kumasaka; Michael Preston; Nancy Waldman, in their official capacities as members of the Board of Directors, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2002.

Withdrawn and Question Certified June 17, 2002.

Certificate of Finality Received September 8, 2003.

Reargued and Resubmitted December 15, 2003.

Filed July 27, 2004.

Attorney(s) appearing for the Case

Daniel B. Ritter and Harry J.F. Korrell (argued), Davis Wright Tremaine LLP, Seattle, WA, for the plaintiff-appellant.

Michael Madden (argued) and Carol Sue Janes, Bennett Bigelow & Leedom, P.S., and Mark S. Green, Office of the General Counsel, Seattle School District No. 1, Seattle, WA, for the defendant-appellees.

Sharon L. Browne, Pacific Legal Foundation, Sacramento, CA, and Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for amici curiae Pacific Legal Foundation, American Civil Rights Institute, American Civil Rights Union, and Center for Equal Opportunity.

Paul J. Lawrence, Preston Gates & Ellis LLP, Seattle, WA, for amicus curiae American Civil Liberties Union of Washington.

Before REAVLEY, O'SCANNLAIN, and GRABER, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge GRABER

O'SCANNLAIN, Circuit Judge.

Following the Washington Supreme Court's resolution of certified state-law questions, we must decide whether the use of race in determining which students will be admitted to oversubscribed high schools in Seattle, Washington, violates the federal Constitution's Equal Protection Clause.

I

This opinion marks the fourth time a federal court has addressed the Seattle...

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