A federal appeals court overturned a ruling that a North Carolina charter school is violating the U.S. Constitution by barring female students from wearing shorts or pants. Splitting 2-1, the 4th U.S. Circuit Court of Appeals held the Charter Day School was not a state actor when it implemented the dress code and, therefore, is not subject to the equal protection clause. But the court sent the case back to U.S. District Judge Malcolm J. Howard of the Eastern District of North Carolina to reconsider a claim that the code …