The Third Circuit panel today issued a judgment in Doe v. Boyertown Area School Dist., No. 17-3113. A link is here. As I posted here earlier, the panel heard oral argument this morning and ruled from the bench shortly after.
The judgment states that a formal opinion will be issued later but the judgment will issue now. It states that the court affirms the district court’s denial of a preliminary injunction for substantially the reasons given in the district court’s “exceptionally well reasoned” opinion.
I’m eager to hear the audio of the oral argument, which the court has not yet posted.
Apart from being an important case, the procedural mechanics of the panel’s action here are notable. The judgment was posted on the precedential opinions page of the court’s website, but I don’t think this is a precedential opinion — it is not labeled as precedential nor titled as an opinion of the court — and, given the rapid timeframe, I’d guess it was not circulated to the entire court before entry as draft precedential opinions normally are, and as the formal opinion it mentions likely will be. That’s why I’ve referred to the earlier oral ruling and this written judgment as an action by the panel, like a non-precedential opinion, rather than a decision by the Third Circuit. But I’m not certain I’ve got that right, and I suspect it will not matter in the end.