School District of City of Pontiac v. Secretary of US Department of Education

I concur in affirming dismissal. As explained below, I believe that this case should be dismissed based on justiciability grounds, rather than the merits. One of the Secretary’s longstanding positions throughout this lawsuit has been that Plaintiffs’ claims are not justiciable, and I agree. The length and complexity of the No Child Left Behind Act of 2001 (“NCLB” or “Act”) and the multiple and varied parts of our nation’s education machinery affected by the Act warrant our pause and certainly belie Judge Cole’s contention that this case is neither particularly complicated nor inherently…