Parents Defending Education appeals dismissal of its lawsuit against the Croton-Harmon school district to U.S. Court of Appeals for the Second Circuit.
Parents Defending Education appeals dismissal of its lawsuit against the Croton-Harmon school district to U.S. Court of Appeals for the Second Circuit.
Following its carefully planned strategy, the plaintiffs in the lawsuit wasted no time filing an appeal of the decision they had asked U.S. Judge Cathy Seibel to make.
It’s hard to predict, but so far things are going according to their plans. As I have reported, it was a bit of a surprise for everyone that Judge Seibel acted as quickly as she did to give PDE what it wanted. That was not because she is sympathetic to their position, but because she decided PDE was right that she had no choice.
If the District Court dismissed on lack of standing the appeal would address only that issue. If 2nd Circuit affirms the Supreme Court should only address standing, unless it chooses to legislate from the bench.
Yes, the Second Circuit would only rule on the standing issue, and probably would uphold the district court because it is their precedent that is at issue and the latest case (Do No Harm) was just this year. SCOTUS would presumably rule only on this issue but of course they are, as you suggest, a law unto themselves. If they rule in favor of PDE (or even take up the case) then the lawsuit can continue. Also, it is not impossible that even if PDE loses, they will find a parent or former student willing to use their names and then the case could continue that way (Judge Seibel even suggested to them that they could do that.) Remember that the case was dismissed without prejudice so they can refile it at any time. The larger point is that this case, as you probably know, is part of a nationwide legal campaign by PDE and similar groups which will eventually get the ear of the Supreme Court’s 6-3 conservative majority. This is why those who defend our district’s policies should be very interested in what happens and follow this case closely and in proper context. I see some people trying to shoot the messenger and trying to discourage discussion of the case.
Quite an impressive strategy so far.
It’s hard to predict, but so far things are going according to their plans. As I have reported, it was a bit of a surprise for everyone that Judge Seibel acted as quickly as she did to give PDE what it wanted. That was not because she is sympathetic to their position, but because she decided PDE was right that she had no choice.
If the District Court dismissed on lack of standing the appeal would address only that issue. If 2nd Circuit affirms the Supreme Court should only address standing, unless it chooses to legislate from the bench.
Yes, the Second Circuit would only rule on the standing issue, and probably would uphold the district court because it is their precedent that is at issue and the latest case (Do No Harm) was just this year. SCOTUS would presumably rule only on this issue but of course they are, as you suggest, a law unto themselves. If they rule in favor of PDE (or even take up the case) then the lawsuit can continue. Also, it is not impossible that even if PDE loses, they will find a parent or former student willing to use their names and then the case could continue that way (Judge Seibel even suggested to them that they could do that.) Remember that the case was dismissed without prejudice so they can refile it at any time. The larger point is that this case, as you probably know, is part of a nationwide legal campaign by PDE and similar groups which will eventually get the ear of the Supreme Court’s 6-3 conservative majority. This is why those who defend our district’s policies should be very interested in what happens and follow this case closely and in proper context. I see some people trying to shoot the messenger and trying to discourage discussion of the case.