88 F.4th 588
5th Cir.2023Background
- This litigation arose from a 1965 desegregation lawsuit against the Concordia Parish School Board in Louisiana, with a court-imposed desegregation order still in effect due to the district’s failure to achieve unitary status.
- Delta Charter Group, a public charter school, intervened in the case in 2012 seeking approval to operate in Concordia Parish, subject to the ongoing desegregation plan.
- In 2013 and again in 2018, the district court approved consent orders imposing race-based enrollment requirements on Delta to align with the desegregation plan.
- In 2022, Delta sought to discontinue race-based enrollment, arguing it was unconstitutional under Supreme Court precedent, but the district court denied the motion under Fed. R. Civ. P. 60(b)(5).
- Delta appealed, but failed to adequately address or brief the core standards for relief under Rule 60(b)(5), forfeiting those arguments on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 60(b)(5) allowed modification | Delta: Race-based order unconstitutional | School Board/US: No significant legal/factual change | Denied; Delta did not show changed fact/law; arguments forfeited |
| Whether 2018 Consent Order is unconstitutional | Delta: Violates Parents Involved | School Board/US: Order still needed for desegregation | Court did not reach merits due to forfeiture |
| Whether SFFA decision changed the law | Delta: SFFA only clarifies existing law | School Board/US: No significant change | No significant legal change found; Delta forfeited argument |
| Whether Rule 54(b) should apply | Delta: Raised in a brief footnote | School Board/US: Not preserved | Argument forfeited for lack of proper briefing |
Key Cases Cited
- Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367 (standard for modifying consent decrees under Rule 60(b)(5))
- Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (limits on use of race in school assignments)
- Smith v. School Bd. of Concordia Parish, 906 F.3d 327 (prior 5th Circuit decision in same case, affirming earlier order except for specific enrollment provision)
- Anderson v. Sch. Bd. of Madison Cnty., 517 F.3d 292 (criteria for achieving unitary status in desegregation cases)
- Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (recent Supreme Court case on race in admissions, cited re: changed law)