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.
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.
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.
Florida courts uphold tax credits
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.
A Common-Sense Approach to Education Issues
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.
These teachers, moreover, support similar choices for other parents and oppose agency fees currently imposed on many.
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.
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.
With its ruling, the court has locked Washington State into a defunct, hundred-year-old notion of public schooling.
The Supreme Court has a chance to strike down union agency fees.
Judging by a recent survey, a plurality of the American public and an equally large share of teachers oppose forced union payments.
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.
The Colorado Supreme Court ruled this morning that the voucher program in Douglas County violates the state’s Constitution.
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).
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
The Supreme Court Tuesday upheld a Michigan measure that banned the use of affirmative action in admission to the state’s public universities.
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.
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.
Arizona case shows limits of litigation
Court upholds Michigan law forbidding public schools from collecting union dues through payroll deductions
School finance claims shuffle back to life
Stand for Children made a prudent choice by taking to the ballot box a proposal which ties hiring, firing, and transfer decisions to teacher effectiveness.
Alabama plaintiffs lose federal school finance challenge