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Law & Courts Blog

The School Law Blog

Expert insights and analysis on legal issues in education, including school-related cases in the U.S. Supreme Court and in lower courts.

In this Nov. 10, 2020 photo the sun rises behind the U.S. Supreme Court in Washington. The Supreme Court seemed concerned Tuesday, Dec. 1, about the impact of siding with food giants Nestle and Cargill and ending a lawsuit that claims they knowingly bought cocoa beans from farms in Africa that used child slave labor. The court was hearing arguments in the case by phone because of the coronavirus pandemic.
Danville Christian Academy in Kentucky wants the U.S. Supreme Court to reverse a lower court's ruling allowing the Kentucky governor's order barring in-person school instruction to go forward.
Alex Brandon/AP
Law & Courts Kentucky Religious School Asks U.S. Supreme Court to Block State Closure Order
Danville Christian Academy is seeking emergency relief from the COVID-19 closure order after losing in federal appeals court.
Mark Walsh, December 2, 2020
4 min read
In this Nov. 14., 2020, file photo supporters of President Donald Trump attend pro-Trump marches outside the Supreme Court Building in Washington. The Supreme Court is hearing arguments over whether the Trump administration can exclude people in the country illegally from the count used for divvying up congressional seats.
Supporters of President Donald Trump attend pro-Trump marches outside the U.S. Supreme Court in Washington on Nov. 14. The court heard arguments Nov. 30 over whether the Trump administration can exclude undocumented immigrants from the count used for divvying up congressional seats.
Jacquelyn Martin
Law & Courts Justices Weigh Trump Effort to Exclude Undocumented Immigrants From Key Census Tally
Education groups expressed concern that excluding undocumented immigrants would affect census numbers used in federal funding programs.
Mark Walsh, November 30, 2020
7 min read
In this Wednesday, Sept. 23, 2020, file photo, Kentucky Governor Andy Beshear addresses the media in Frankfort, Ky. Kentucky's governor said Sunday, Oct. 11, that he will quarantine after a member of his security detail who drove with his family the day before later tested positive for COVID-19. Democratic Gov. Andy Beshear said he and his family feel fine, show no coronavirus symptoms and have tested negative for the virus.
Kentucky Gov. Andrew G. Beshear is battling the state's attorney general over his order to stop all in-person school instruction to battle a surge in COVID-19 cases.
Timothy D. Easley/AP
Law & Courts Federal Appeals Court Lifts Block on Kentucky School Closure Order
The injunction would have let private religious schools reopen despite the governor's order barring in-person instruction.
Mark Walsh, November 29, 2020
3 min read
Protesters gather on the sidewalk outside the the offices of New York Gov. Andrew Cuomo in New York. Three  Jewish congregations  sued New York state and Cuomo, saying he engaged in a “streak of anti-Semitic discrimination” with a recent crackdown on religious gatherings to reduce the state’s coronavirus infection rate.
Protesters gather outside the the offices of New York Gov. Andrew Cuomo in New York. Three Jewish congregations sued New York state and Cuomo, saying he engaged in a “streak of anti-Semitic discrimination” with a recent crackdown on religious gatherings to reduce the state’s coronavirus infection rate.
Kathy Willens/AP
Law & Courts U.S. Supreme Court Blocks New York State COVID-19 Limits on Religious Services
The 5-4 decision reveals a fault line that may prevail when the high court confronts pandemic restrictions on religious education.
Mark Walsh, November 26, 2020
6 min read
Education Supreme Court Declines Appeal Backed by Illinois School Districts on Tax Remedies
The court declined to take up an appeal backed by school groups of a ruling allowing some property taxpayers challenge their assessments in federal court.
Mark Walsh, November 16, 2020
2 min read
Education Federal Appeals Court Upholds Harvard's Consideration of Race in Admissions
The case was watched closely in K-12 and higher education circles, and challengers of Harvard's policies say they will appeal to the U.S. Supreme Court.
Mark Walsh, November 12, 2020
5 min read
Education As Educators Await, Arguments Suggest High Court Unlikely to Strike Down ACA
The teachers' unions are among those involved in the case about the Affordable Care Act, which affects coverage of young people and some school employees.
Mark Walsh, November 10, 2020
5 min read
Education Supreme Court Leans Toward Support for Catholic Agency in Foster-Care Case
The case from Philadelphia about the tension between religious liberty interests and anti-discrimination laws has potential implications in education.
Mark Walsh, November 4, 2020
7 min read
Education High Court Weighs Whether Juvenile Life Without Parole Requires 'Incorrigibility'
The U.S. Supreme Court took up the question of whether courts must find a juvenile offender permanently incorrigible before a sentence of life without parole.
Mark Walsh, November 3, 2020
5 min read
Education Federal Appeals Court Upholds Maine Bar on Tuition Aid to Religious Schools
The U.S. Court of Appeals for the 1st Circuit turns away claims of religious discrimination by families seeking to use Maine's "tuitioning" program.
Mark Walsh, October 29, 2020
5 min read
Education Senate Narrowly Confirms Amy Coney Barrett to U.S. Supreme Court
Amy Coney Barrett succeeds the late Justice Ruth Bader Ginsburg in time to hear arguments in two cases being watched in the education community.
Mark Walsh, October 26, 2020
4 min read
Education School With Ties to Barrett Gets Voucher Money, as Report Cites Anti-LGBTQ Climate
A Christian school where Supreme Court nominee Amy Coney Barrett once served on the board got thousands of dollars from Indiana's private school voucher program.
Mark Walsh, October 21, 2020
6 min read
Education Supreme Court Declines Indian Gaming Case Said to Affect School Revenues
Writing in dissent, Justice Clarence Thomas said a lower court had disrupted state property tax revenue for schools and other government services.
Mark Walsh, October 19, 2020
3 min read
Education Supreme Court to Consider Trump Effort to Exclude Some From Key Census Figure
In a case that may affect schools, the justices will consider President Donald Trump's effort to exclude undocumented immigrants from a census total used to reapportion the House of Representatives.
Mark Walsh, October 16, 2020
3 min read