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1
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OPPOSITION TO PETITION FOR CERTIORARI
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EXTRACTED KEY WORDS
HOUSING PETITIONER DISTRICT COURT REMEDY APPEALS YONKERS DISCRIMINATION PLAN UNITED STATES PUBLIC HOUSING PET THIRD SLTPO APP CITY RACE RACIAL DISCRIMINATION HOUSING PROGRAM SUBSIDIZED HOUSING RACE-CONSCIOUS REMEDY INTEGRATION CERTIORARI HOUSEHOLDS PAST DISCRIMINATION STRICT SCRUTINY HOUSING OPPORTUNITIES NONMINORITY FAMILIES SECOND CIRCUIT AFFORDABLE HOUSING PRIOR RACIAL DISCRIMINATION |
No. 00-1497
In the Supreme Court of the United States
CITY OF YONKERS, PETITIONER
v.
UNITED STATES OF AMERICA, ET AL.
ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
BRIEF FOR THE UNITED STATES IN OPPOSITION
BARBARA D. UNDERWOOD
Acting Solicitor General
Counsel of Record
WILLIAM R. YEOMANS
Acting Assistant Attorney
General
DAVID K. FLYNN
LISA WILSON EDWARDS
Attorneys
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
QUESTION PRESENTED
In 1985, the district court found that petitioner had
intentionally segregated its public housing on the basis
of race. Since then, the district court has adopted sev-
eral race-neutral plans designed to remedy the continu-
ing effects of that discrimination. Each time the
existing plan was modified, the court found that peti-
tioner had actively or passively resisted implementa-
tion of that plan, and that additional measures were
required. The question presented is whether, in light of
the district court's most recent finding that the existing
plan was not achieving the goal of eliminating the
continuing effects of petitioner's discrimination, the
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2
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APPELLATE BRIEF
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EXTRACTED KEY WORDS
COURT UNITED STATES DISTRICT COURT CITY YONKERS HOUSING PROGRAM THIRD SLTPO HOUSEHOLDS STATE BOARD PRIORITY APPEALS MEMBER SUBSIDIZED HOUSING CIR CREDITS INTEGRATION HRO AFFORDABLE HOUSING DISCRIMINATION PREDOMINANT HOUSING OPPORTUNITIES NON-MINORITY TERM PLAN ORDER NAACP URBAN DEVELOPMENT CONSENT DECREE LTPO SOUTHWEST YONKERS INTEGRATIVE PURPOSES |
00-6022, 00-6036
IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SECRETARY OF HOUSING AND URBAN DEVELOPMENT,
Third-Party-Defendant
SHIRLEY C. BROWN, in her capacity as a member of the State
Board of Regents; LORA BRADLEY CHODOS, in her official
capacity as a member of the State Board of Regents; THOMAS
FREY, in his official capacity as a member of the State
Board of Regents; WILLARD A. GENRICH, In his official
capacity as member of the State Board of Regents; NORMA
GLUCK; EMLYN I. GRIFFITH, in her official capacity as a
member of the State Board of Regents; FLOYD S. LINTON, in
his official capacity as a member of the State Board of
Regents; VINCENT TESE; UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT; SAMUEL PIERCE; SALVADORE SCALFINI, in
his official capacity as a member of the State Board of
Regents; THOMAS SOBOL; MARIO CUOMO; MARTIN C. BARRELL, in
(Caption continued on next page)
_____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
_____________________
BRIEF FOR THE UNITED STATES AS APPELLEE
_____________________
BILL LANN LEE
Acting Assistant Attorney General
DAVID K. FLYNN
LISA WILSON EDWARDS
Attorneys
Department of Justice
Civil Rights Division
P.O. Box 66078
Washington, D.C. 20035-6078
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