Constitutional Law—Mechanical Race-Conscious Transfer Plan in Elementary and Secondary Public School System Held Constitutional—Comfort v. Lynn School Committee, 418 F.3d 1 (1st Cir. 2005)

First Circuit Review 2006

The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution provides that no state shall deny to any person within its jurisdiction equal protection of the laws.  The Supreme Court has struck down inflexible race-conscious educational admissions programs because they deny individuals opportunities afforded under the Constitution.  In Comfort v. Lynn School Committee, the First Circuit Court of Appeals considered whether race-conscious transfer restrictions in elementary and secondary public schools violate students’ equal protection rights.  The court concluded that the particular plan in question was constitutional because it was “narrowly tailored” to a compelling state interest. . . .