Massachusetts parents’ school plea denied
on Jul 31, 2006 at 10:16 am
The Supreme Court turned aside on Monday an effort by parents of public school children in Lynn, Mass., to reopen their case against a student assignment plan. In a brief mid-summer order, the Court denied the parents permission to file a rehearing request in a case that the Justices had refused to hear in December. (Monday’s order list can be found here.)
The Court issued two pages of denials of rehearing in cases it had disposed of earlier, and issued orders refusing permission to file rehearing petitions in the Lynn case and two pauper cases, as well as a dozen attorney discipline matters.
The Lynn case is Comfort v. Lynn School Committee (docket 05-348). The First Circuit in that case upheld a student assignment plan based in part on the race of students, with the aim of achieving racial diversity in city schools. At the time the Supreme Court declined to hear the case, the Justices had not yet seen two other student assignment cases, which were filed in January. In June, the Court agreed to hear those other two cases, in the Term that starts Oct. 2. Those cases are from Seattle (05-908) and Louisville, Ky. (05-915.)
In response to the grants in those cases, the Lynn parents sought rehearing, arguing that it would be “manifestly unfair” to them if the Court should ultimately strike down such plans, while the Lynn plan remained in place. In order to file their petition formally, however, the parents had to have the Court’s permission, since their rehearing plea was filed beyond the time the Court’s rules allow. That permission was refused on Monday.
If the Court does, in fact, strike down such student assignment plans, federal court rules would allow the Lynn parents to return to lower courts to ask to be relieved of the ruling against their challenge.
The denial of rehearing in the other cases Monday appeared to be routine. The Court seldom grants rehearing of decided or previously denied cases. Although the Court is in summer recess, it issues orders from time to time disposing of rehearing petitions and other miscellaneous matters.
