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Jeffrey Eisenberg, on Behalf of Jacob Eisenberg, and Elinor Merberg, on Behalf of Jacob Eisenberg v. Montgomery County Public Schools Paul Vance, Dr., Superintendent, in His Official and Personal Capacity Montgomery County Board of Education, Members, in Their Official and Personal Capacity, United States of America, Amicus Curiae

Citation: 197 F.3d 123Docket: 98-2503

Court: Court of Appeals for the Fourth Circuit; November 18, 1999; Federal Appellate Court

Narrative Opinion Summary

The case concerns an appeal by a student, Jacob, against the Montgomery County Board of Education's denial of his transfer request to a math and science magnet program, which was rejected due to race-related diversity concerns. Jacob's request to transfer from Glen Haven Elementary to Rosemary Hills Elementary was denied because he was categorized as 'White, not of Hispanic origin,' and the transfer was perceived to negatively affect diversity. His parents sought legal relief under 42 U.S.C. § 1983 and the Equal Protection Clause, but the district court refused a preliminary injunction, citing the transfer policy's alignment with diversity goals. The U.S. Court of Appeals for the Fourth Circuit reversed this decision, finding that the policy amounted to unconstitutional racial balancing, not justified under strict scrutiny. The appellate court emphasized that denying transfers solely based on race without a compelling interest violated the Equal Protection Clause. The case was remanded with instructions to grant Jacob's transfer request, illustrating the limitations of race-based classifications in school policies aiming for diversity without narrowly tailored justifications.

Legal Issues Addressed

Constitutionality of Race-Based Transfer Policies

Application: The court held that the Montgomery County Board of Education's transfer policy, which denied transfers based solely on race to maintain diversity, was unconstitutional, as it constituted racial balancing not permitted under strict scrutiny.

Reasoning: The court found that Montgomery County's use of racial classifications in its transfer decisions is not narrowly tailored to achieve diversity but rather amounts to mere racial balancing.

Equal Protection Clause and School Transfers

Application: Jacob's denial of transfer based on race was deemed a violation of the Equal Protection Clause, which prohibits racial discrimination unless a compelling interest is shown.

Reasoning: Jacob's transfer request from Glen Haven to Rosemary Hills was denied based on his race, a violation of constitutional principles regarding racial discrimination.

Preliminary Injunction Standards

Application: The appellate court reversed the district court's denial of a preliminary injunction, emphasizing that Jacob's likelihood of success on the merits and potential irreparable harm justified granting the injunction.

Reasoning: The U.S. Court of Appeals for the Fourth Circuit reversed the district court's denial of Jacob's motion for a preliminary injunction and remanded the case for further action.

Strict Scrutiny and Race-Based Classifications

Application: The court applied strict scrutiny to evaluate the transfer policy, concluding that the policy did not demonstrate a compelling governmental interest or narrowly tailored means, thus failing constitutional standards.

Reasoning: The district court failed to acknowledge the presumption against race-based classifications, which are considered presumptively invalid unless justified by extraordinary circumstances.