Kavanaugh—Trump’s Supreme Court Pick—and Education – The Atlantic

What an AMAZING coincidence. The new “pro-life*” Supreme Court nominee might also help continue the assault on public schools and affirmative action in education. Who could possibly have seen that coming?

(*Perhaps I should say “pro-birth”.)

«Perhaps more revealing than his own schooling is the fact that Kavanaugh, according to his testimony in his 2004 Senate confirmation hearing, previously helped spearhead school-choice-related outreach efforts for the Federalist Society, a legal organization of conservatives and libertarians. He was also one of the attorneys tapped in 2000 to represent then-Florida Governor Jeb Bush in a long-drawn-out lawsuit that sought to end a highly controversial state school-voucher program that Bush had spearheaded. (The Florida Supreme Court in 2006 ruled that the program was unconstitutional, a decision that observers predicted would major implications for similar initiatives elsewhere in the country.) According to Politico, Kavanaugh also said in a 2000 TV appearance that he anticipated the U.S. Supreme Court would one day uphold school vouchers.

Should he be confirmed to the Court, his views on these matters could be hugely consequential for the country, in part because of how much influence the Court court has over education. “The public school has served as the single most significant site of constitutional interpretation within the nation’s history,” Justin Driver, a professor of law at the University of Chicago, argues in the introduction of his forthcoming book The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind. “No other arena of constitutional decisionmaking—not churches, not hotels, not hospitals, not restaurants, not police stations, not military bases, not automobiles, not even homes—comes close to matching the cultural import of the Supreme Court’s jurisprudence governing public schools.”

A slew of education cases could make their way up to the nation’s highest court in the (near) future, and in particular, affirmative action is almost certain to get another hearing.»

Source: https://www.theatlantic.com/education/archive/2018/07/supreme-court-private-school/565211/

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