How the Supreme Court Is Making Public Education Itself Unconstitutional

https://www.edweek.org/policy-politics/opinion-how-the-supreme-court-is-making-public-education-itself-unconstitutional/2025/07

On June 27, the Supreme Court released its decision in Mahmoud v. Taylor. The decision has not received the attention it merits. A close reading of the conservative majority’s opinion suggests that the high court is moving toward determining that public schooling violates the First Amendment of the Constitution. The decision could mean the end of public education in America.

The author goes through the background and much of the public discussion around the case, then points out that there is some language in the ruling that attacks public education more fundamentally.

Within the court’s majority opinion, however, lies a deeper threat to the existence of public schools. Because the court determined that exposure to objectionable material violates parents’ rights, policies involving that exposure are subject to “strict scrutiny,” the highest standard of judicial review. This level of judicial review requires that the government must demonstrate that the policy in question both serves an interest of the “highest order” and is “narrowly tailored” to achieve that interest.

The Supreme Court would, no doubt, agree that an educated citizenry is a public interest “of the highest order.” What the court does not address is whether public school systems are “narrowly tailored” to achieve the state’s goals.

The author discusses the history of public education in the United States, and then concludes:

All this history is at risk of being jettisoned. Instead, the court has determined that the need to protect students from being exposed to ideas hostile to their family’s religious beliefs trumps everything else. Under the court’s new rules, no curriculum could ever be constitutional unless parents are always informed in advance and can protect their children from anything objectionable to their specific religious beliefs.

Given this burden, states may be forced to find a more “narrowly tailored” approach to educating citizens. And before we know it, one of America’s greatest successes, one of the most popular American institutions, and one of the few we still share in common, will be gone.

Submitted July 16, 2025 at 06:57AM by philnotfil https://ift.tt/VZQv89x