Reply to What would a lawsuit over redistricting/school assignment look like?

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Reply to "What would a lawsuit over redistricting/school assignment look like?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]That the loss of proximate access will result in significant financial stress for parents who now have to arrange transport to distant schools and lose having an older sibling close by so have to pay for aftercare. And that the overcrowding is artificially created in the first case. [/quote]

Great. What's your
 cause of action?[/quote]$$$ this lottery would amount to a new tax, inequitably applied[/quote]

Only if you regard your IB status at a school as a property right. However, the law doesn't see it that way. [/quote]

Whoever is writing this doesn't seem to understand that an alleged violation of equal protection is enough to get a case through the court's door, as long as some evidence of harm can be shown in the pleadings.  S/he seems to think the case would be analogous to a garden-variety zoning case, when it's not, it's about application of education policy.[/quote]

That's just not right.  To sustain an EP claim here, you would have to allege much more than "some evidence" of harm.  You would have to allege that blacks were so disproportionately impacted that the new policy was effectively meant to target them.  In other words, you would have to show a radical shift.  If Wilson were to become 80-90 percent white, then your claim may survive a MTD.

Not to mention that I assume you would want a preliminary injunction, which means you'd also have to show a high likelihood of success.

Given that DC will come armed with a host of non-race based reasons for its decision (it only takes one and they win), good luck.[/quote]

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