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A.C. BY WAITHE v. McKEE

No. 20-2082.

23 F.4th 37 (2022)

A.C., a minor, BY her parent and guardian ad litem, Torrence S. WAITHE; A.C.C., a minor, by her parent and guardian ad litem, Nicolas Cahuec; A.F., a minor, by his parent and guardian ad litem, Aletha Forcier; R.F., a minor, by her parent and guardian ad litem, Aletha Forcier; I.M., a minor, by his parents and guardians ad litem Jessica Thigpen and Anthony Thigpen; L.M., a minor, by her parents and guardians ad litem Jessica Thigpen and Anthony Thigpen; K.N.M.R., a minor, by her parent and guardian ad litem, Marisol Rivera Pitre; J.R.H., a minor, by her parents and guardians ad litem, Moira Hinderer and Hillary Reser; M.S., a minor, by his parent and guardian ad litem, Mark Santow; M.M.S., a minor, by his parent and guardian ad litem, Amie Tay; M.S., a minor, by her parents and guardians ad litem, Maruth Sok and Lap Meas; A.W., a minor, by her parent and guardian ad litem, Chanda Womack; J.W., a minor, by her parent and guardian ad litem, Chanda Womack; N.X., a minor, by her parents and guardians ad litem, Youa Yang and Kao Xiong, Plaintiffs, Appellants, v. Daniel J. MCKEE, in his official capacity as Governor of the State of Rhode Island; Nicholas A. Mattiello, in his official capacity as Speaker of the Rhode Island House of Representatives; Dominick J. Ruggerio, in his official capacity as President of the Rhode Island Senate; Rhode Island State Board of Education; Council on Elementary and Secondary Education; Angelica Infante-Green, in her official capacity as Commissioner of Education for the State of Rhode Island, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 11, 2022.

Attorney(s) appearing for the Case

Michael A. Rebell , with whom Center for Educational Equity, Teachers College, Columbia University, Jennifer L. Wood , Rhode Island Center for Justice, Samuel D. Zurier , and Stephen Robinson , and Robinson & Clapham, were on brief, for appellants.

Michael W. Field , Assistant Attorney General, with whom Andrea M. Shea and Keith Hoffmann , Special Assistant Attorneys General, were on brief, for appellees Daniel J. McKee, Nicholas A. Mattiello, and Domenick J. Ruggerio.

Anthony F. Cottone , Chief Legal Counsel, Rhode Island Department of Education, for appellees Rhode Island Board of Education, Council on Elementary and Secondary Education, and Angélica Infante-Green.

William T. Russell, Jr. , David Elbaum , Jonathan T. Menitove , Nicholas L. Ingros , and Simpson Thacher & Bartlett LLP on brief for Professors Danielle Allen and Meira Levinson, amici curiae.

Yahonnes Cleary , Erin J. Morgan , Alexander F. Atkins , Carly Lagrotteria , David Fu , and Paul, Weiss, Rifkind, Wharton & Garrison LLP on brief for National Council for the Social Studies, amicus curiae.

Andrew M. Troop , Jeffrey P. Metzler , and Pillsbury Winthrop Shaw Pittman LLP on brief for National League of Women Voters, League of Women Voters of Rhode Island, and American Civil Liberties Union of Rhode Island, amici curiae.

Robert M. Kline , Kristin A. Taylor , Carlos F. Ortiz , Michael W. Weaver , Dana McSherry , Annabel Rodriguez , McDermott Will & Emery, Jose Perez , Francisca D. Fajana , Miranda Galindo , and LatinoJustice PRLDEF on brief for LatinoJustice PRLDEF, et al., amici curiae.

Gilda Daniels , Jessica Alcantara , Ky'Eisha Penn , Advancement Project, Janette Louard , Anthony Ashton , Victor L. Goode , National Association for the Advancement of Colored People, Jeremy Karpatkin , Raqiyyah Pippins , Florence Bryan , Danielle Pingue , Saul P. Morgenstern , Jonathan Green , Peter L. Schmidt , Javier Ortega , and Arnold & Porter Kaye Scholer LLP on brief for Advancement Project and NAACP, amici curiae.

Nowell D. Bamberger , Leila Mgaloblishvili , Tony J. Russo , and Cleary Gottlieb Steen & Hamilton LLP on brief for Generation Citizen and Mikva Challenge, amici curiae.

Yelena Konanova , Jordan W. Garman , and Selendy & Gay PLLC on brief for Professor Martha Minow, amicus curiae.

Michael M. Epstein , Julie K. Waterstone , and Amicus Project at Southwestern Law School on brief for Samantha M. Dennis, et al., amici curiae.

S. Elaine McChesney , Robert E. McDonnell , Elizabeth M. Bresnahan , Michael A. Hacker , and Morgan Lewis & Bockius LLP on brief for Providence Youth Student Movement, et al., amici curiae.

Jeffrey A. Simes , Allison R. Klein , and Goodwin Procter LLP on brief for National Association for Media Literacy Education, et al., amici curiae.

Andrew J. Ceresney , Jillian L. Trezza , Amy C. Zimmerman , Erik Rubinstein , and Debevoise & Plimpton LLP on brief for The Campaign for the Civic Mission of Schools, et al., amici curiae.

Before Howard, Chief Judge, Kayatta, Circuit Judge, and Casper, District Judge.

This appeal raises the question of whether Rhode Island's alleged failure to provide public school students with an adequate civics education can state a claim for violation of the students' constitutional rights. On behalf of a putative class of "all students attending public K-12 schools in Rhode Island ... who are not...

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