Opinion
No. 01-7118.
Argued October 22, 2001.
Decided June 2, 2003. Amended December 19, 2003. Petition for rehearing in banc decided January 22, 2004.
A three-judge panel decided this case on June 2, 2003. A petition for rehearing by the panel and a petition for rehearing in banc was filed on June 13, 2003. On December 19, 2003, the panel granted the petition for rehearing by the panel and issued an amended opinion. A new petition for rehearing in banc was filed with this court on December 31, 2003. There being no majority in favor thereof, the petition for rehearing in banc is DENIED.
Chief Judge Walker, joined by Circuit Judges Jacobs, Cabranes, Raggi, and Wesley dissent from the denial of rehearing in banc.
I respectfully dissent from the denial to rehear this appeal in banc. The appeal raises novel issues of constitutional law with potentially far-reaching implications as to whether the fundamental right to travel extends to unsupervised minors, the appropriate balance between state interests in protecting minors from harm and parental interests in raising children as they see fit, and the use of age to draw distinctions in curfew ordinances. These issues and the arguments set forth in the majority opinion, see Ramos v. Town of Vernon, 2003 WL 22989226 (2d Cir. 2003), and Judge Winter's dissent, see id., at *16 (Winter, J., dissenting), which I believe merit Supreme Court review, would have benefitted from consideration by the full court before they are presented by certiorari to the Supreme Court.