Tag Archives: neil gorsuch

This week is a big week in the world of education law. Today, the U.S. Supreme Court will take up its first case related to state constitutional Blaine clauses. We talked about these ugly little pieces of constitutional language in some detail last week when I highlighted the Independence Institute’s new paper, Blaine’s Shadow: Politics, Discrimination, and School Choice. Check out that paper if you need some historical background on Blaine clauses and what they mean for education today. Before you ask, the court isn’t considering the Dougco voucher case tomorrow. We’re still waiting to find out whether SCOTUS will hear that one. Instead, the high court will hear oral arguments in Trinity Lutheran v. Pauley, which deals with a Blaine-related case out of Missouri. We’ve talked about that case in passing over the year or so since I wrote about it in detail, but a refresher is probably in order. From my previous post: Here’s the skinny: Missouri runs a program under which organizations can apply to the state for grants. That’s not unusual. But here’s the trick: these “grants” do not come in the form of money. They come in the form of scrap rubber. That rubber is used […]

President Trump has always been a wild card. It’s been very hard to say what he would or would not do—and in some ways it still is. But one of the central promises of his campaign was that he would nominate a great justice to replace Justice Antonin Scalia, who died tragically almost exactly year ago. To his credit, he has kept that promise by selecting Neil Gorsuch to fill Scalia’s empty seat. Education is still a bit of a question mark when it comes to the Trump administration. There have been all sorts of rumors and ideas floating around, but none has yet coalesced into a cohesive vision of how the federal government will interact with K-12 education. The crystal ball is further clouded by Betsy DeVos’s sharply contested nomination to head the U.S. Department of Education. It’s been sad to watch the conversation about DeVos, a lifelong philanthropist who has donated her time and money to increasing opportunities for those who need them, devolve into a shouting match that sidesteps reality and avoids real conversations about what DeVos should or shouldn’t do should she be confirmed. As Rich Lowry wrote for National Review, “We now know that working […]