On August 22, 2013, the United States filed a motion seeking “permanently [to] enjoin the State of Louisiana . . . from awarding any school vouchers . . . to students attending school in districts operating under federal desegregation orders unless and until the State receives authorization from the appropriate federal court overseeing the applicable desegregation case.” This case, as reflected in the caption, involves the desegregation order issued in Brumfield v. Dodd, 405 F. Supp. 338 (E.D. La. 1975) (three-judge court), which prohibited the provision of public funds or other assistance “to any racially discriminatory private school or to any racially segregated private school” and created a certification process to establish private-school eligibility for receiving public funds. Id. at 349.
The United States initially sought the injunction on the ground that the voucher program constituted public assistance to private schools in violation of the desegregation order: “The State’s actions in using public funds to trans-fer students in districts operating under desegregation orders to schools which they are not zoned to attend,” argued the government, “cause irreparable injury to the court-ordered desegregation process, the parties to the desegregation action, and ultimately to the students and the communities governed by the desegregation decree.” The government further urged that the program “deprives the students of their right to a desegregated educational experience.”
Judge(s): Jerry E. Smith
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
Related Categories: Antitrust , Civil Remedies , Constitutional Law , Contracts , Education , Employment , Energy / Utilities , Environmental , Government / Politics , Property
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