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[The Ninth Circuit panel decision in Harper v. Poway Unified School District is indeed] not binding precedent on the Circuit because it has been vacated by the Supreme Court.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.