NSBA Legal Clips
Archived entries for Equal Protection Clause

Federal appellate court rules Tennessee district’s student assignment plan does not violate African-American students’ equal protection rights

The Sixth Circuit has ruled that a Tennessee school district’s student assignment plan does not violate African-American students’ Fourteenth Amendment equal protection rights.

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Federal appeals court upholds New Mexico district’s ban on student distribution of rubber doll fetuses

The U.S. Court of Appeals for the Tenth Circuit ruled that a New Mexico school district’s decision to ban students from distributing rubber doll fetuses on campus as part of the students’ anti-abortion activities did not violate the students’ First Amendment free speech or free exercise of religion rights, or their Fourteenth Amendment equal protection rights.

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Federal appeals court upholds school ban on Confederate flag and other protest shirts

The Fourth Circuit Court of Appeals has ruled that a school district did not violate a student’s constitutional rights by prohibiting her from wearing a T-shirt depicting the Confederate flag and other protest shirts in school.

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U.S. Supreme Court to review Michigan law banning affirmative action in public university admissions

The New York Times reports that the U.S. Supreme Court will take up the case of Schuette v. Coalition to Defend Affirmative Action, Docket No. 12-682, which involves a voter initiative, Proposal 2, in Michigan that banned racial preferences in admissions to the state’s public universities.

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Arkansas school choice bill would make desegregation a goal, not a mandate

According to the Arkansas News, a bill has been introduced in the Arkansas legislature to replace the state’s public school choice law that placed racial restrictions on where students could attend school.

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Federal appellate court finds Michigan amendment prohibiting race-conscious admissions policies unconstitutional

In an 8-7 split en banc decision, the U.S. Court of Appeals for the Sixth Circuit has ruled that the provision in Michigan’s Proposal 2, a voter-approved ballot initiative amending the state constitution to prohibit public colleges and universities from using race-conscious admissions policies, violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

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Federal district court allows provision in Arizona’s immigration law requiring law enforcement to verify detainees’ immigration status to go forward

The New York Times reports that a U.S. District Court in Arizona has rejected a request by a coalition of civil rights groups that the court strike down a provision in the state’s immigration law requiring authorities to verify the status of people who they suspect are in the country illegally.

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Federal court enjoins district from operating single-sex classes at West Virginia middle school

A federal district court in West Virginia has issued a preliminary injunction barring a school district from operating single-sex classes at one of its middle schools unless and until any single-sex program meets the requirements of the U.S. Constitution and Title IX.

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Rhode Island court dismisses suit challenging the constitutionality of state public school funding formula

A Providence, Rhode Island Superior Court has ruled that a coalition of school districts, parents, and students have failed to state a cause of action under the state constitution’s education clause for challenging the state legislature’s formula for funding public schools.

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Federal district court rules that provision in Arkansas Public School Choice Act limiting student school transfers based on race is unconstitutional

A federal district court in Arkansas has ruled that a provision in the state’s Public School Choice Act of 1989 that limits a student’s statutory right to transfer from one public school district to another in the state based on the race of the student seeking the transfer violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment.

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