Doe v. Madison

[Scarberry, Mark]

As I remember, in Doe v. Madison the panel issued its opinion 2 or 3 days
before the student graduated. After the graduation the panel issued a second
opinion, holding that its prior opinion would not be vacated on the basis of
mootness. There had been a previous 9th cir decision--Harris, I think--which
had disagreed with the 5th Circuit's Clear Creek decision in strong and
absolutist terms. Had Harris stood, it would have been difficult for the
panel in Doe to hold in favor of the school district. But the S Ct had
granted cert in Harris and then dismissed it as moot, vacating the 9th cir
opinion.