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DOE EX REL. DOE v. LOWER MERION SCHOOL DIST.

No. 10-3824.

665 F.3d 524 (2011)

Student DOE 1, by and through his Parents/Guardians Does 1 and 2; Student Doe 2, by and through her Parent/Guardian Doe 3; Student Does 3 and 4, by and through their Parent/Guardian Doe 4; Student Doe 5, by and through his Parents/Guardians Doe 5; Student Doe 6, by and through his Parents/Guardians Does 6 and 7; Student Doe 7, by and through his Parent/Guardian Doe 8; Student Does 8 and 9, by and through their Parents/Guardians Does 9 and 10, Appellants v. LOWER MERION SCHOOL DISTRICT.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 14, 2011.

Attorney(s) appearing for the Case

David G.C. Arnold (argued), West Conshohocken, PA, for Appellants.

Judith E. Harris (argued), Morgan, Lewis & Bockius, Philadelphia, PA, for Appellee.

Christopher M. Arfaa , Arfaa Law, P.C., Radnor, PA, for Amicus Curiae Earl M. Maltz.

Joshua I. Civin , Kimberly A. Liu , NAACP Legal Defense & Educational Fund, Washington, DC, for Amicus Curiae NAACP Legal Defense & Educational Fund, Lawyers Committee for Civil Rights Under Law, ACLU Foundation.

Erin H. Flynn (argued), Mark L. Gross , United States Department of Justice Civil Rights Division, Appellate Section, Washington, DC, for Amicus United States of America.

Before: GREENAWAY, JR., ROTH, Circuit Judges, and HAYDEN, District Judge.

OPINION OF THE COURT

GREENAWAY, JR., Circuit Judge.

This case involves school redistricting in Lower Merion, Pennsylvania and allegations that the implemented redistricting plan violates the Equal Protection Clause. Here, the Lower Merion School District ("the District") used pristine, non-discriminatory goals as the focal points of its redistricting plan, Plan 3R. The District's goals included that:

1. "The enrollment of the two high schools and...

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