Some folks might enjoy some light reading. UPDATE: As of November 27, 2012, the place to start is Judge Mays' most recent decision - read it here. Judge Mays effectively found that the portion of the statute that allowed municipal school districts to form for the 2013-14 school year was unconstitutional. The parties are briefing the other two portions of the statute, and we may see a decision sometime in 2013. Or the parties may settle . . .
The second of the two trials is now (on resegregation) has been indefinitely postponed.
As of November 3, 2012, the place to start was the August 8, 2011 consent order: Mays Consent Order (Dkt. No. 243). There is also the decree making that order official, but there was not much to add: Mays Consent Decree (Dkt. No. 262). The 242 documents leading up to the consent order aren't quite as important.
Obviously, a lot has happened since then. The Shelby County School Board has been meeting, the Transition Planning has "finished" its work. And the County Commission raised the specter of the intentional, purposeful resegregation of public education in Shelby County. No biggie.
Here's the new complaint (along with the request for permission to file it): Motion for Leave to File Complaint and Complaint (Dkt. No. 288). United States District Judge allowed the new complaint to be filed, and expedited his review of whether to enjoin the scheduled referenda in the municipalities on whether to form (and fund) municipal school districts. In July 2012, Judge Mays was unwilling to halt the elections, but was careful to advise the parties (which now included the municipalities, at their request) that he would be comfortable with tossing out the results if he found that the challenged statutes were unconstitutional. So the referenda proceeded, and Judge Mays scheduled two trials to address the state and federal constitutional claims separately.
Each of the parties has filed PreTrial Briefs, and Responses to the other parties PreTrial Briefs. Here you go:
Tennessee Motion for Judgment on the Pleadings (Dkt. No. 363) (a pretrial brief, and a plea not to have to go to court and just decide the case based on the papers - please, Judge Mays, please!)
Memphis PreTrial Brief (Dkt. No. 366)
County Commission PreTrial Brief (Dkt. No. 367)
Municipalities PreTrial Brief (Dkt. No. 369)
Tennessee PreTrial Response Brief (Dkt. No. 375)
Municipalities PreTrial Response Brief (Dkt. No. 377)
Memphis PreTrial Response Brief (Dkt. No. 378)
County Commission PreTrial Response Brief (Dkt. No. 379)
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