Another Important SCOTUS Decision: West Virginia v. EPA

 Another important case decided today.

The Supreme Court sharply limited the power of the EPA to enact regulations without Congressional authority under the major questions doctrine. This decision returns power to Congress and limits the power of unelected bureaucrats in federal agencies to make laws on major issues without clear congressional authority. The Constitution assigns the power to make laws to the Legislative Branch, not the Executive Branch.

From SCOTUSblog:

 Here is the opinion from John Roberts in West Virginia v. EPA: https://supremecourt.gov/opinions/21pdf/20-1530_n758.pdf. The three liberal justices dissent.

Prof. Michael Paulsen on "The Magnificence of Dobbs"

 "Dobbs may be the most important, magnificent, rightly decided Supreme Court case of all time. It is restorative of constitutional principle. It upholds the values of representative, democratic self-government, and the rule of law, at the same time that it supports the protection of fundamental human rights. It is literally a matter of life and death. It is potentially transformative of American society, for the better. It is a rare act of judicial courage and principle. In every way, Dobbs is a truly great decision."

Here is a link to the article

Historic Decision: Dobbs Overrules Roe v. Wade

 Dobbs overrules Roe and Casey ("Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.")

Here's the link: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

Is the Public School System Constitutional

 Legal Scholar Prof. Phillip Hamburger writes "Is the Public School System Constitutional?" in the Wall Street Journal. Here is the link:

https://www.wsj.com/articles/public-school-system-constitutional-private-mcauliffe-free-speech-11634928722?mod=opinion_lead_pos5 

And here is a money quote:

 The public school system weighs on parents. It burdens them not simply with poor teaching and discipline, but with political bias, hostility toward religion, and now even sexual and racial indoctrination. Schools often seek openly to shape the very identity of children. What can parents do about it?.... 

Education consists mostly in speech to and with children. Parents enjoy freedom of speech in educating their children, whether at home or through private schooling. That is the principle underlying Pierce, and it illuminates our current conundrum.

The public school system, by design, pressures parents to substitute government educational speech for their own. Public education is a benefit tied to an unconstitutional condition. Parents get subsidized education on the condition that they accept government educational speech in lieu of home or private schooling.

 What are your thoughts? Should government be allowed to effectively coerce children to be taught only what the government thinks they ought to be taught? Is this consistent with freedom of thought, belief, and religion? 

Here is Prof. Hamburger's conclusion:

The public school system therefore is unconstitutional, at least as applied to parents who are pressured to abandon their own educational speech choices and instead adopt the government’s.

Parents should begin by asking judges to recognize—at least in declaratory judgments—that the current system is profoundly unconstitutional. Once that is clear, states will be obliged to figure out solutions. Some may choose to offer tax exemptions for dissenting parents; others may provide vouchers. Either way, states cannot deprive parents of their right to educational speech by pushing children into government schools.

Carson v. Makin (discriminatory school funding decision)

 From SCOTUSblog:

The Supreme Court STRIKES DOWN a Maine education program that provides tuition assistance for students to attend some private schools but excludes schools that provide religious instruction. SCOTUS says the exclusion of religious schools is unconstitutional.

Here's the opinion from John Roberts in Carson v. Makin: https://supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdf. The vote is 6-3 along ideological lines, with Breyer, Sotomayor, and Kagan in dissent.

Jack Phillip's Book on the Masterpiece Cakeshop Case

Link:

The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court

 

Jack is a hero of mine because of his costly stand for his faith and his First Amendment freedoms.

A New Idea?

 "Here's an idea. Let's debate issues and stop trying to punish wrong thinking." --Prager U