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SHERMAN EX REL. SHERMAN v. KOCH

No. 09-1455.

623 F.3d 501 (2010)

Dawn S. SHERMAN, a minor, through Robert I. SHERMAN, her father and next friend, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. Dr. Christopher KOCH, State Superintendent of Education, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 2010.

Attorney(s) appearing for the Case

Richard D. Grossman (argued), Chicago, IL, for Plaintiff-Appellee.

Rachel A. Murphy (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellant.

James C. Ho , argued, Office of the Attorney General of Texas, Austin, TX, David Andrew Cortman , Alliance Defense Fund, Lawrenceville, GA, Jonathan K. Baum , Katten Muchin Rosenman, LLP, Adam D. Schwartz (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, Steven W. Fitschen , National Legal Foundation, Virginia Beach, VA, for Amicus Curiae.

Before RIPPLE, MANION, and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

In 2007, Illinois amended Section 1 of the Silent Reflection and Student Prayer Act making mandatory a period of silence in public schools; prior to this amendment, teachers had the option of observing a period of silence at the beginning of the school day. After the Illinois legislature amended Section 1, Dawn Sherman, through her father, Robert I. Sherman, sued Christopher Koch in his official capacity as Superintendent of the Illinois State...

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