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Dennis O'Brien
Partner at Frazer & Feldman, LLP (Westbury, NY), an education law firm representing school boards; frequent Nassau Lawyer columnist on school law topics.
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Oct 9, 2026
The Immunization Exemption Battleground: A conversation with Dennis O'Brien & Daniel Levin
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8:03Talk about what that held and how that gave the plaintiffs in Miller a shot to come back.
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8:10Dennis O'BrienGUEST
So Mahmoud was a landmark opinion from the Supreme Court of the United States that was issued in June of 2025.
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8:17Dennis O'BrienGUEST
And it had implications not only on this subject, but probably is going to have implications continuing into the future.
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8:24Dennis O'BrienGUEST
In Mahmoud, the petitioners were Maryland parents of kindergarten through fifth grade children that were enrolled in the Montgomery County school system.
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8:34Dennis O'BrienGUEST
And the Montgomery County school system had instituted a curriculum where they included in kindergarten to fifth grade the discussion of five books or storybooks that contained lgbtq plus inclusive material now initially the school district notified parents when the materials would be taught and permitted them to opt out of the instructions However, at some point during the 2022-2023 school year, the school district changed course and rescinded the notification and opt-out policies.
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9:13Dennis O'BrienGUEST
This caused the parents that were objecting to this material being taught to kindergarten through fifth graders to seek a preliminary injunction in federal court.
6 MINS LATER
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15:06So now, what should counsel for school districts and parents know about the process?