BOSTON PARENT COALITION v. SCHOOL COMMITTEE

Nos. 21-1303, 22-1144.

89 F.4th 46 (2023)

BOSTON PARENT COALITION FOR ACADEMIC EXCELLENCE CORP., Plaintiff, Appellant, v. The SCHOOL COMMITTEE FOR the CITY OF BOSTON; Alexandra Oliver-Dávila; Michael O'Neill; Hardin Coleman; Lorna Rivera; Jeri Robinson; Quoc Tran; Ernani Dearaujo; Brenda Cassellius, Defendants, Appellees, The Boston Branch of the NAACP; The Greater Boston Latino Network; Asian Pacific Islander Civic Action Network; Asian American Resource Workshop; Maireny Pimental; H.D., Defendants, Intervenors, Appellees.

United States Court of Appeals, First Circuit.

December 19, 2023.


Attorney(s) appearing for the Case

Christopher M. Kieser , Joshua P. Thompson , and Pacific Legal Foundation, with whom William H. Hurd , and Eckert Seamans Cherin & Mellott, LLC, were on brief for appellant.

Kay H. Hodge , John M. Simon , and Stoneman, Chandler & Miller LLP, with whom Lisa Maki , Legal Advisor, Boston Public Schools, were on brief for appellees.

Doreen M. Rachal , and Sidley Austin LLP, with whom Susan M. Finegan , Andrew N. Nathanson , Mathilda S. McGee-Tubb , and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., were on brief for intervenors-appellees.

Rachael S. Rollins , United States Attorney, Lisa Brown , General Counsel, U.S. Department of Education, Daniel Kim , and Jessica Wolland , Attorneys, Office of the General Counsel, U.S. Department of Education, Kristen Clarke , Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, Nicolas Y. Riley , and Sydney A.R. Foster , Attorneys, Civil Rights Division, were on brief for the United States of America, amicus curiae.

Amanda Buck Varella , Melanie Dahl Burke , and Brown Rudnick LLP, with whom Francisca D. Fajana , Niyati Shah , and Eri Andriola , were on brief for Asian Americans Advancing Justice-AAJC, Autism Sprinter, Boston University Center for Antiracist Research, Citizens for Public Schools, Edvestors, GLBTQ Legal Advocates & Defenders, Hamkae Center, Hispanic Federation, Inc., Jamaica Plain Progressives, LatinoJustice PRLDEF, Massachusetts Advocates for Children, Massachusetts Appleseed Center for Law and Justice, Massachusetts Law Reform Institute, Mass Insight Education and Research Institute, Montgomery County Progressive Asian American Network, and Progressive West Roxbury/Roslindale, amici curiae.

Maura Healey , Attorney General of Massachusetts, Elizabeth N. Dewar , State Solicitor, Ann E. Lynch , and David Ureña , Assistant Attorneys General of Massachusetts, were on brief for Massachusetts, California, Colorado, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, and Washington, amici curiae.

Michael Sheetz , Adam S. Gershenson , Michael McMahon , Robby K.R. Saldaña , and Cooley LLP, were on brief for the Anti-Defamation League, Black Economic Council of Massachusetts, Inc., Boston Bar Association, The Greater Boston Chamber of Commerce, Jewish Alliance for Law and Social Action, King Boston, and Massachusetts Immigrant and Refugee Advocacy Coalition, amici curiae.

Sarah Hinger , Woo Ri Choi , Matthew Segal , Ruth A. Bourquin , Jon Greenbaum , David Hinojosa , and Genevieve Bonadies Torres , were on brief for the American Civil Liberties Union Foundation, American Civil Liberties Union of Massachusetts, Inc., Lawyers' Committee for Civil Rights Under Law, and National Coalition on School Diversity, amici curiae.

Paul Lantieri III , and Ballard Spahr LLP, were on brief for the National Association for Gifted Children, amicus curiae.

Before Kayatta, Howard, and Thompson, Circuit Judges.


We consider for a second time this appeal challenging on equal protection grounds a temporary admissions plan (the "Plan") for three selective Boston public schools. Previously, we denied a motion by plaintiff Boston Parent Coalition to enjoin use of the Plan until this appeal could be decided on the merits. In so doing,...

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