The Court just agreed to hear one Ninth Circuit high school student free speech case, Morse v. Frederick (“Bong Hits 4 Jesus”). What does this mean for the other Ninth Circuit high school student free speech case, Harper v. Poway Unified School Dist. (“Homosexuality is Shameful”)?
I think Harper will likely be held until the Court decides Morse, and if there’s some uncertainty about whether the Harper Ninth Circuit decision is right given the Court’s ruling in Morse, the Court will then “GVR” — Grant, Vacate, and Remand for reconsideration in light of the new precedent. Last Monday, the Court denied “[t]he motion of petitioners to expedite consideration of the petition for a writ of certiorari,” but I suspect this just reflects the Court’s decision to actually slow down consideration of the petition until after Morse is decided.