Majority
p. 1BOARD 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
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[1]
The judgment is affirmed by an equally divided Court.
Justice Kennedy took no part in the decision of this case.