23-2568
7th Cir.
Jun 30, 2025

D.P., a minor, by her mother and next friend, A.B. v. MUKWONAGO AREA SCHOOL DISTRICT and JOSEPH KOCH

No. 23-2568

United States Court of Appeals For the Seventh Circuit

June 30, 2025

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 2:23-cv-00876 — Lynn Adelman, Judge.

June 30, 2025

Before

DIANE S. SYKES, Chief Judge

FRANK H. EASTERBROOK, Circuit Judge

THOMAS L. KIRSCH II, Circuit Judge

O R D E R

Based on the Supreme Court‘s recent decision in United States v. Skrmetti, No. 23-477, 2025 WL 1698785 (June 18, 2025), we sua sponte vacate our opinion dated June 12, 2025, and grant panel rehearing to consider whether the court should overrule1 Whitaker v. Kenosha Unified School District No. 1 Board of Education, 858 F.3d 1034 (7th Cir. 2017), and A.C. v. Metropolitan School District of Martinsville, 75 F.4th 760 (7th Cir. 2023), in light of Skrmetti.

The parties shall file supplemental briefs on that question. The parties are also invited to address whether, if the court overrules Whitaker and Martinsville, the challenged policy is valid under (1) the Equal Protection Clause in light of Skrmetti; and (2) Title IX in light of 20 U.S.C. § 1686, 34 C.F.R. § 106.33, and Skrmetti.

Appellants Mukwonago Area School District and Joseph Koch shall file a supplemental brief addressing these questions on or before July 31, 2025. Appellee D.P., by her mother and next friend, A.B., shall file a supplemental brief addressing these questions on or before September 2, 2025. The briefs shall be in the form specified for reply briefs in the Federal Rules of Appellate Procedure and corresponding circuit rules, except that the cover should be tan. Fed. R. App. P. 32(a)(2).

Notes

1
The parties referred to the plaintiff and her mother as Jane Doe #1 and #2. In accordance with Rule 5.2(a)(3) of the Federal Rules of Civil Procedure, we refer to the minor plaintiff by her initials and do the same for her mother, who brings this suit on her behalf.