Law & Courts

Pa. ‘Boobies’ Case to Be Heard by Full Appeals Court

By J.D. Malone, The Morning Call, Pa. (MCT) — August 16, 2012 1 min read
  • Save to favorites
  • Print

The Easton Area School District’s appeal of a federal court ruling to allow “I (heart) Boobies” bracelets to be worn by students at school will heard by the entire Third Circuit Court of Appeals.

A three-judge panel from the circuit heard arguments in April on the appeal, but an order issued Thursday by Chief Judge Theodore McKee brushed aside the panel’s unpublished opinion and set up a rehearing of the case before the full, 14-judge circuit.

The Easton Area School District asked for a reversal of a lower court’s April 2011 decision that barred the district from disciplining students who wore the bracelets.

The case drew national attention as schools grappled with similar questions over the bracelets, which are sold by the Carlsbad, Calif.-based Keep-a-Breast Foundation. In February, a federal judge in Wisconsin ruled that school officials were allowed to ban the bracelets, opposite to U.S. District Judge Mary A. McLaughlin’s finding in the Easton Area case.

Easton Area Middle School students Brianna Hawk, who was an eighth-grader, and Kayla Martinez, who was in seventh grade, were suspended in 2010 for wearing “I (heart) Boobies!” bracelets.

The students’ attorney, Mary Catherine Roper, of the ACLU, said the court’s decision to hear the case before the full host of judges means there was some disagreement over the three-judge panel’s opinion.

The panel’s opinions are circulated among the circuit’s judges, Roper said, who vote to agree or disagree with it. She said more than half must disagree to push the case in front of the entire circuit, or en banc.

“You never expect an en banc hearing,” Roper said. “What it means is, there is disagreement among the judges.”

John Freund, the school district’s attorney, was not immediately available for comment.

Roper said the court will review the case and may order new briefs from attorneys, but cannot take new testimony or evidence. The court may also choose to hear oral argument, but does not have to. Roper expects the court to ask for argument though.

The lower court’s ruling allowing the bracelets stands until a higher court overrules it.

“We still have that win,” Roper said. “The bracelets are still allowed in the school right now, and that will be the situation until the court says something else.”

Copyright (c) 2012, The Morning Call, Pa. Distributed by McClatchy-Tribune Information Services.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP
Law & Courts After 60 Years, a Louisiana District Fights to Exit Federal Desegregation Order
St. Mary Parish is on the frontlines of a legal battle to end ongoing school desegregation cases dating back to the civil rights era.
Patrick Wall, The Advocate, Baton Rouge, La.
6 min read
School bus outside Patterson High School in St. Mary Parish, in Louisiana.
School bus outside Patterson High School in St. Mary Parish, in Louisiana.
Brad Kemp/The Advocate