I have been practicing law for thirty years, and have a deep commitment to students’ religious freedom. In fact, when I first read about this case I was outraged that the school district had shut down the students’ expression. Reading further, however, I saw that was not the case. It might have been under other circumstances, but in fact it was not.

Both the student and the school district can be faulted to a point: the student for lying about her intentions, delivering her remarks by stealth and dishonesty, and departing from the purposes of the fifteen-student joint statement; the school district for withholding her diploma. However, the school’s principal was correct in observing that Ms. Corder’s remarks were immature. They were also arrogant and presumptuous.

Under the law, what might have happened had Ms. Corder approached the situation honestly no longer matters. She delivered her remarks, and therefore has no ground to complain that her right to speak was squelched. It was not.

The only “damage” done to her has been fully remedied by all accounts. She has her diploma and is apparently attending the college of her choice. The so-called Liberty Counsel’s news release makes it quite clear that the only remedy she is seeking is prospective and does not pertain to any rights she presently holds. I predict that her case will quickly be dismissed because she lacks standing; the same reason that Michael Newdow’s action was dismissed, only Ms. Corder’s case is far clearer because she no longer attends that school. (Mr. Newdow’s son did, but because Mr. Newdow was not the custodial parent he was denied standing.) It will also be dismissed because it requests a prospective remedy without a present plaintiff who has standing.

There is no case without a legally cognizable remedy. Where is Ms. Corder’s case?

My son opened a topic on our local web site to discuss this case. Feel free to visit us at http://forums.kearnyontheweb.com/index.php?showtopic=14760. I post as Paul, which is my first name. He posts under his full name, which is Matthew LaClair.