ASS'N FOR EDUC. v. MONTGOMERY CTY. BD. OF EDUC.

No. 23-1068.

88 F.4th 495 (2023)

ASSOCIATION FOR EDUCATION FAIRNESS, Plaintiff-Appellant, v. MONTGOMERY COUNTY BOARD OF EDUCATION; Dr. Monifa B. McKnight, Defendants-Appellees, and Casa, Inc.; Montgomery County Branch of the NAACP; Asian American Youth Leadership Empowerment and Development; Montgomery County Progressive Asian American Network, Proposed Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2023.


Attorney(s) appearing for the Case

ARGUED: Michael Skocpol , NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INCORPORATED, Washington, D.C., for Intervenors. Christopher M. Kieser , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellant. Nathaniel A.G. Zelinsky , HOGAN LOVELLS US LLP, Washington, D.C., for Appellees. ON BRIEF: Joshua P. Thompson , Erin E. Wilcox , Sacramento, California, Glenn E. Roper , PACIFIC LEGAL FOUNDATION, Highlands Ranch, Colorado, for Appellant. Jo-Ann Tamila Sagar , Washington, D.C., Steven F. Barley , HOGAN LOVELLS US LLP, Baltimore, Maryland, for Appellees. Leslie E. John , Elizabeth V. Wingfield , Kayla R. Martin , Philadelphia, Pennsylvania, Maraya N. Pratt , BALLARD SPAHR LLP, Baltimore, Maryland; Niyati Shah , Shalaka Phadnis , ASIAN AMERICANS ADVANCING JUSTICE-AAJC, Washington, D.C.; Michaele N. Turnage Young , Jin Hee Lee , Washington, D.C., Allison Scharfstein , NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC., New York, New York; Francisca D. Fajana , LATINO-JUSTICE PRLDEF, New York, New York, for Intervenors.

Motion denied without prejudice by published opinion. Judge Heytens wrote the opinion, in which Judge Richardson and Judge Floyd joined.


A coalition of civil rights organizations asks to intervene in an appeal from a district court judgment granting full relief to the side the organizations seek to join. We deny the motion without prejudice.

I.

This litigation stems from a school district's decision to change its process for selecting...

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