Today the U.S. Supreme court engaged in a complex procedural maneuver in Tyler Harper v. Poway School District (Case No. 06-595). Last April, in a 2-1 decision, the U.S. 9th Circuit Court of Appeals refused to issue a preliminary injunction in a challenge by a student to Poway High School’s banning of his wearing a T-shirt condemning homosexuality in religious terms. (See prior posting). In October, a petition for cert was filed. (See prior posting). However, these proceedings did not finally decide the question of whether a permanent injunction should issue, and whether requested declaratory relief and damages should be awarded. Subsequently, in January, as cross motions for summary judgment were pending, the district court dismissed the claims brought by Tyler Harper as moot because he has graduated. It also rejected the First Amendment and state law challenges to the Poway, California school's hate behavior policies brought by Tyler's sister, Kelsie Harper, who had been added to the case through an amended complaint. (See prior posting).
Today the U.S. Supreme Court granted the writ of certiorari in the preliminary injunction proceedings, but without further briefing or argument vacated the lower court judgment and remanded the case to the 9th Circuit with instructions to dismiss Tyler Harper's appeal as moot. The Supreme Court also rejected the motion by Tyler Harper’s sister, Kelsie Harper, to intervene at the Supreme Court level in order to prevent the case from being moot. Her claims, however, are still pending on appeal in the lower courts.
