The Battle over Blaine Amendments Heads Back to the States

On the heels of its decision yesterday in Trinity Lutheran v. Comer, the Supreme Court today granted cert to and vacated state supreme court decisions out of Colorado and New Mexico that used Blaine Amendments to exclude religious schools from government aid programs.

Broad Majority, Narrow Ruling for School Choice in Trinity Lutheran Case

The Supreme Court closed out its Spring 2017 term this morning by announcing its opinion in a case with potential implications for private school choice.

In the News: What Monday’s SCOTUS Ruling in Trinity Lutheran Preschool Case Could Mean for School Vouchers

The Supreme Court will hand down its final rulings of the term today, including the Trinity Lutheran case.

Is the Trump Education Department Really “Rolling Back” Civil Rights?

Looking behind the hype on sexual assault enforcement

Is the Constitution Colorblind?

Debating Antonin Scalia’s record on race and education

Equal Protection Bars Racial Favoritism

In his 30 years on the Supreme Court, Justice Antonin Scalia wrote surprisingly few opinions in education cases, and even when he did, he seldom mentioned education.

Choosing Judicial Activism Over Originalism

Justice Antonin Scalia was a staunch proponent of “originalism” in constitutional jurisprudence, an approach to deciding cases based on constitutional text as it was originally understood by its authors.

Agency Fees Could Be Back on Death Row

If the four Supreme Court justices who sided with Friedrichs vote to hear Mark Janus’s case, and if Neil Gorsuch votes according to expectations, agency fees could be dead by the end of the court’s next term.

U-turn on Vouchers

Florida courts uphold tax credits

EdNext Podcast: What Could We Expect on Ed From a Justice Gorsuch?

Arizona Supreme Court Justice Clint Bolick has been poring over Neil Gorsuch’s opinions as a federal judge to learn how he might approach the steady stream of education cases that inevitably make their way before the Supreme Court.

The Future of Friedrichs

With Justice Antonin Scalia’s unexpected passing, we can’t help but ask what will happen with Friedrichs v. California Teachers Association, which appeared headed to a 5-4 split.

Teachers More Likely to Use Private Schools for their Own Kids

These teachers, moreover, support similar choices for other parents and oppose agency fees currently imposed on many.

Behind the Headline: A Federal Raid on Local Schools

In an op-ed in the Wall Street Journal, Shep Melnick analyzes a “Dear Colleague” letter about school funding sent out by the Education Department’s Office for Civil Rights.

A Supreme Hit to Charter Schools in Washington

Last Friday’s 6-3 decision by the Washington Supreme Court that declared unconstitutional a charter school law is an existential threat to the parental choice movement.

Court Ruling Against Charter Schools Romanticizes an Obsolete Version of Local Control

With its ruling, the court has locked Washington State into a defunct, hundred-year-old notion of public schooling.

Is the Friedrichs Case an ‘Existential Threat’ to the Teachers’ Unions?

The Supreme Court has a chance to strike down union agency fees.

Teachers and the Public Oppose Agency Fees Charged By Teachers Unions

Judging by a recent survey, a plurality of the American public and an equally large share of teachers oppose forced union payments.

Behind the Headline: Supreme Court Takes Up Major Case on Public Sector Union Fees

The Supreme Court announced today that it will hear a case brought by ten teachers who say that California’s requirement that they pay the equivalent of union dues violates their free speech rights.

Behind the Headline: Colorado Supreme Court Squashes Douglas County School Voucher Program

The Colorado Supreme Court ruled this morning that the voucher program in Douglas County violates the state’s Constitution.

Big Impact: Supreme Court Housing Decision Could Have Significant Effect on Education

The education community should be watching to see how the Supreme Court rules on a housing case from Dallas which considers whether plaintiffs can bring “disparate impact” claims under the Fair Housing Act (FHA).

Memo to Teachers’ Unions: Now Might Be a Good Time to Start Panicking

In Friedrichs, ten California teachers are arguing that agency fees (combined with onerous “opt-out” procedures) violate their rights to freedom of speech and association

Behind the Headline: Court Backs Michigan on Affirmative Action

The Supreme Court Tuesday upheld a Michigan measure that banned the use of affirmative action in admission to the state’s public universities.

Kansas Courts Get It Right

Instead of deciding whether or not the Kansas legislature had dedicated sufficient funds to its local schools, the Kansas Supreme Court chose to highlight the importance of student outcomes.

Educating for Infancy

Schools, we are constantly told, are supposed to educate students for citizenship. Part of being an American citizen is learning to tolerate speech that you don’t like.

Ballots Not Barristers

Arizona case shows limits of litigation

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