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Tom F. Case Already Published

By Justin Bathon

In what has to be some sort of land speed record, the Supreme Court has already published the Board of Education of the City School District of the City of New York v. Tom F. case.

Here is the full text of the opinion:

PER CURIAM.
The judgment is affirmed by an equally divided Court.
JUSTICE KENNEDY took no part in the decision of this case.

I am not exactly sure why Justice Kennedy recused himself in this case, but his crucial role of the swing vote was eliminated and the court found itself equally divided, 4 votes for the school and 4 votes for the parents. Since the last Appellate Ruling was for the parents, that decision was not overruled.

                                                                     

I will update with more analysis links and will provide my own analysis at a later date, so check back.

N.Y. Times

SCOTUS Blog

Jurist.com

Full post as published by Edjurist on October 10, 2007 (boomark / email).