BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK v. TOM F., on behalf of GILBERT F., a minor child

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CASES ADJUDGED
IN THE
SUPREME COURT OF THE UNITED STATES
AT
OCTOBER TERM, 2007
BOARD OF EDUCATION OF CITY SCHOOL DISTRICT
OF CITY OF NEW YORK v. TOM F., on behalf
of GILBERT F., a minor child
certiorari to the united states court of appeals for
the second circuit
No. 06–637. Argued October 1, 2007—Decided October 10, 2007
193 Fed. Appx. 26, affirmed by an equally divided Court.
Leonard J. Koerner argued the cause for petitioner. With
him on the briefs were Michael A. Cardozo, Edward F. X.
Hart, and Drake A. Colley.
Paul G. Gardephe argued the cause for respondent. With
him on the brief were Carrie A. Syme and Alexis Gander
Deise.
Deputy Solicitor General Garre argued the cause for the
United States as amicus curiae urging affirmance. With
him on the brief were Solicitor General Clement, Assistant
Attorney General Kim, Jonathan L. Marcus, Diana K.
Flynn, Lisa J. Stark, and Kent D. Talbert.*
*Briefs of amici curiae urging reversal were filed for the Council of the
Great City Schools et al. by Julie Wright Halbert and Pammela Quinn;
for the National School Boards Association et al. by Maree F. Sneed, John
W. Borkowski, Audrey J. Anderson, Catherine E. Stetson, Jessica L. Ells
1

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2 BOARD OF ED. OF CITY SCHOOL DIST. OF
NEW YORK v. TOM F.
Per Curiam
Per Curiam.
The judgment is affirmed by an equally divided Court.
Justice Kennedy took no part in the decision of this case.
worth, Francisco M. Negro´ n, Jr., and Naomi Gittins; for the New York
State School Boards Association by Jay Worona and Pilar Sokol; and
for the U. S. Conference of Mayors et al. by Richard Ruda and Donald
B. Ayer.
Briefs of amici curiae urging affirmance were filed for Agudath Israel
of America by David Zwiebel; for Autism Speaks by Robert H. Pees and
Gary S. Mayerson; for the Council of Parent Attorneys and Advocates
et al. by Ankur J. Goel; for the International Dyslexia Association, Inc.,
et al. by Paul M. Smith; and for the National Disability Rights Network
et al. by Beth S. Brinkmann, Seth M. Galanter, and Linda A. Arnsbarger.