Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast
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In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more
On June 27, 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), holding that the Montgomery County Board of Education’s introduction of LGBTQ+-inclusive storybooks into its...more
The United States Court of Appeals for the Eleventh Circuit recently issued an opinion rejecting a public employee’s challenge to a Florida law that prohibits teachers from using their preferred pronouns in the classroom....more
On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more
In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more
On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more
The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more
In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more
Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right...more
Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more
The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...more
The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more
Preamble to the U.S. Constitution (and this Insights Blog). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,...more
On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more
The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more
In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more
The U.S. Supreme Court did not issue any merits opinions today, but there were two dissents from denials of cert. that merit attention, both concerning the First Amendment....more
On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more
Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more
On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more
Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that statement issued by the...more
Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more
Flynn v. Big Spring Sch. Dist., No. 1:22-CV-00961, 2024 U.S. Dist. LEXIS 168913, at *2 (M.D. Pa. Sep. 19, 2024) (District Court permits Plaintiffs who were regular attendants at school board meetings to move forward with...more
Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....more
On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more