Student Doe 1 v. Lower Merion School District

Issue: (1) Whether the United States Court of Appeals for the Third Circuit improperly overturned the United States District Court for the Eastern District of Pennsylvania"s factual finding that race was a factor in Lower Merion School District"s ("LMSD") student redistricting in light of the fact that LMSD did not appeal the District Court"s adverse ruling, in light of the fact that the District Court"s ruling was not clearly erroneous, and in light of the fact that the Court of Appeals did not conduct the type of expansive review required by this Honorable Court"s decision in Village of Arlington Heights v. Metropolitan Housing Development Corporation; (2) whether LMSD"s reasons for using race in its redistricting decision-making constitute compelling state interests; (3) whether LMSD proved at trial that it used race in its redistricting decision-making to address the achievement gap and racial isolation; (4) whether LMSD proved at trial that its race related redistricting actions were narrowly tailored to serve a compelling state interest; (5) whether LMSD"s race related redistricting actions survive strict scrutiny because they are not limited in duration; (6) whether LMSD preserved the defense that Plan 3R would have inevitably been adopted notwithstanding its race related redistricting actions; (7) whether LMSD proved at trial that Plan 3R would have inevitably been adopted notwithstanding its race related redistricting actions; (8) whether the District Court properly allocated the burden of proof to Students Doe when making its determinations concerning the Lower Merion High School Walk Zone; and (9) whether 42 U.S.C. §1981 and/or Title VI of the Civil Rights Act, 42 U.S.C. § 2000d et. seq., prohibit LMSD"s race related redistricting actions even though the Fourteenth Amendment to the United States Constitution may not.