 A non-profit group, Parents Involved in Community Schools, sued the District, arguing that the racial tiebreaker violated the Equal Protection Clause of the Fourteenth Amendment as well as the Civil Rights Act of 1964 and Washington state law.The Western District of Washington dismissed the suit, upholding the tiebreaker.On appeal, a three-judge panel the U.S. Court of Appeals for the Ninth Circuit reversed, but upon en banc rehearing the court affirmed the lower court decision.