Divided Sixth Circuit Dismisses No Child Left Behind Suit

In January 2008, a divided panel of the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s dismissal of a school district challenge to portions of the No Child Left Behind Act in School District of the City of Pontiac v. Spellings.  Today, an equally divided en banc court affirmed the judgment of the district court dismissing the case.  Judges Batchelder, Boggs, Cook, Griffin, Kethledge, McKeague, Rogers, and Sutton voted to affirm the district court.  Judges Cole, Martin, Daughtrey, Moore, Clay, Gilman, Gibbons, and White voted to reverse.  The court issued four opinions with the order, in which the judges divided on various grounds.

This case is a potentially sigificant federalism case, implicating clear statement rules and the scope of conditional spending pursuant the Spending Power.  I previously noted this case here and here, and I hope to have time to blog more about it in the next few days.

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