The Volokh Conspiracy - An Appellate Procedure Perspective on the High School Anti-Homosexuality T-Shirt Case:

A reader writes:

[The Ninth Circuit panel decision in Harper v. Poway Unified School District is indeed] not binding precedent on the Circuit because it has been vacated by the Supreme Court. [But] I think it creates what is called a "come-back" situation. If appealed (certainty) the case should be assigned to the same panel as had the brother's case. Guess what they will do. By the time the case is ready for en banc, Kelsie (the sister) will have graduated from high school. The predictability of the panel re-doing what it did is pretty high. So the precedent will be back.

Very interesting.

	[Eugene Volokh, March 6, 2007 at 9:06pm] Trackbacks An Appellate Procedure Perspective on the High School Anti-Homosexuality T-Shirt Case: A reader writes: [The Ninth Circuit panel decision in Harper v. Poway Unified School District is indeed] not binding precedent on the Circuit because it has been vacated by the Supreme Court. [But] I think it creates what is called a "come-back" situation. If appealed (certainty) the case should be assigned to the same panel as had the brother's case. Guess what they will do. By the time the case is ready for en banc, Kelsie (the sister) will have graduated from high school. The predictability of the panel re-doing what it did is pretty high. So the precedent will be back. Very interesting. Related Posts (on one page): An Appellate Procedure Perspective on the High School Anti-Homosexuality T-Shirt Case: Supreme Court Vacates Reinhardt Anti-Homosexual T-Shirt Decision: High School Anti-Homosexuality T-Shirt Case Vacated as Moot: Harper v. Poway Unified School District and the Supreme Court: 4 Votes 4 Bong Hits 4 Jesus: "Hate Speech": Pro-Taliban Speech Constitutionally Protected, Criticisms of Homosexuality Unprotected: Sorry, Your Viewpoint Is Excluded from First Amendment Protection: