SCOTUS Catch-all |

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nycfan said:

Justices Let Parents Opt Children Out of Classes With L.G.B.T.Q. Storybooks​

Maryland parents have a religious right to withdraw their children from classes on days that stories with gay and transgender themes are discussed, the court ruled.


Decision: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf
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How long before Christian nutters take another swing at opting out of classroom discussion of evolution?
 
lawtig02 said:
Yeah, never mind. Looks like they're giving almost unfettered power to the HHS secretary. Which as we know, means we're basically in caveman land for the next few years.
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This is not accurate. Look at the dissenters in that case. It's opinion by Kav, but dissent by the Unholy Trinity. I think all of today's cases break 6-3 or 5-4 on ideological lines, so it's pretty easy to see if the decisions are good or bad simply by looking at the dissenters.

If they didn't give unfettered power to the HHS secretary, then they would have eliminated the Task Force and undone all its work. I mean, the HHS secretary is in fact supposed to have that power, unless I'm not grasping something (possible as I have been super distracted this morning). The HHS Secretary still has to obey the APA
 
Not that this is comforting, but none of these SCOTUS decision days will be particularly meaningful until the day Trump v. US is overruled. Until then, we're a nonfunctional kleptocracy. But I do fully believe these last days of the term are significantly more meaningful that any election day except those in presidential years.
 
superrific said:
This is not accurate. Look at the dissenters in that case. It's opinion by Kav, but dissent by the Unholy Trinity. I think all of today's cases break 6-3 or 5-4 on ideological lines, so it's pretty easy to see if the decisions are good or bad simply by looking at the dissenters.

If they didn't give unfettered power to the HHS secretary, then they would have eliminated the Task Force and undone all its work. I mean, the HHS secretary is in fact supposed to have that power, unless I'm not grasping something (possible as I have been super distracted this morning). The HHS Secretary still has to obey the APA
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Have you read it?
 
Calheel said:
Won’t it just mean that all the cases get filed as class actions going forward? Does it really change anything?
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That's my understanding. It depends on how strict they will enforce the class cert issue. It does, though, favor our side at the moment. We would be cerfifying classes with no problems: there 100% is a certifiable class of all babies born in the United States (or their mothers) and it would take essentially no time to certify it. On the other hand, the conservative fuckery would be much harder to fake under this standard. This might not always be true, but at least for the moment I do not see this is as a major problem
 
Ramrouser said:
TOO.....MUCH.....WINNING!

Seriously, I can see the merit, in limited extreme cases of nationwide injunctions. The problem (as usual) is the libs went way overboard on this with every liberal interest group running to Rhode Island or San Francisco for an injunction. Justice Kagan even raised this in oral argument.
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As usual, you are a fucking idiot who has no clue about anything. Forum shopping for nationwide injunctions was invented by conservatives and has been abused by conservatives more than anyone. It's not even close.

Justice Kagan did not say anything in oral argument remotely confirming your stance. She talked about forum shopping -- indeed, that has been a major problem. She did not pin it on liberals, which is your only contribution and once again it is uninformed.
 
nycfan said:
This decision could cause chaos in school curriculum as parents could claim opt out rights for all manner of lessons. The result will likely mostly be public schools becoming much more limited in what they teach in order to avoid the issue altogether. Otherwise, what to do with the opt out kids on any given day? It’s not like public schools are swimming in extra resources to have an opt-out instructor to handle regular opt-outs from any class.
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Let em stay home. It's not the public school's job to battle with the parents. If the parents want their kid to be ignorant, whatever.
 
CFordUNC said:
Alright, I hate to ask this, but could someone (or someones) explain to me like the dullard I am what the injunction ruling means and its significance. Feel free to talk to me like I’m 10.
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I will try to post something more informative later on, but it's not entirely clear what it means and so it's hard to assess right now. It isn't the way I would have decided the issue, but it's not necessarily horrible.
 
akillesheel said:
kids being allowed to be ignorant is arguably why we're here in the first place, no?

the canard of "parents' rights" needs to be nipped in the bud and hard. education is a public good.
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Yes. I didn't phrase that correctly. On the other hand, if the parents are so extreme that they are holding their kids out of school, no school lesson is going to make much difference, I would think.
 
BlooVooDoo said:
How long before Christian nutters take another swing at opting out of classroom discussion of evolution?
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I think they should have to offer evidence of Biblical Creation that is as rigorously judged as the science behind evolution. The Bible can't count becausw it's, at best a tertiary source and known to be erroneous in parts.
 
lawtig02 said:
Not sure most people know what it takes to get a class certified.
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As you know, 23(b)(2) injunction classes are easier to certify than 23(b)(3) damage class actions. The devil will be in the details going forward and it may well be that the Supreme Court makes it harder to certify these 23(b)(2) classes going forward. OTOH, I am not sure the Supreme Court wants to adopt a rule that results in 100 identical lawsuits clogging up the district and circuit courts going forward.

This one will take time to play out and measure the true impact.
 
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