Mirabelli v. Bonta · ¶37

And still, there is worse: The Court resolves the issues raised through shortcut procedures on the emergency docket even though it has had—for months now—the option of doing so the regular way, on our merits docket. Since November of last year, a petition for certiorari has been pending in a case that, in critical respects, is a carbon copy of this one. In Foote v. Ludlow School Comm., 128 F. 4th 336 (CA1 2025) (per curiam), cert. pending, No. 25–77, as here, a public school adopted a policy, conforming to a state agency's guidance, about students who identify as transgender. There, as here, the policy requires school employees to use only a student's preferred name and pronouns, while barring employees from disclosing the student's at-school gender identity to parents. And there, as here, parents challenge that policy as a violation of their right to substantive due process. See id.,…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.