A case with a thin record is raising plenty of questions at the Supreme Court. In this episode, Amanda and Holly examine the case of Mahmoud v. Taylor, which involves parents who want to opt their children out of public school curriculum they say conflicts with their religious beliefs. But, what’s the difference between expected exposure and unconstitutional coercion? Does age matter? What happens when opt-out options become too burdensome and overwhelming to accommodate? Amanda and Holly examine the issues in this case as well as the challenges for the school district and for the parents. They also share what the oral arguments revealed about the justices’ interest in the books and discussions outside of the courtroom.  

 

SHOW NOTES

Segment 1 (starting at 01:50): Remembering Justice David Souter

Amanda and Holly released a live mini-episode on Tuesday, May 27, to review the Supreme Court decision in the religious charter school case, the voucher proposal in the budget reconciliation bill, and a court decision halting the dismantling of the Department of Education. Hear the episode at this link or in your podcast feed, or watch it on YouTube.

Amanda and Holly mention the other two church-state cases this term addressed in previous episodes:

• Catholic Charities Bureau v. Wisconsin in Ep. 12: Back to SCOTUS: Regular business in disturbing times
• Oklahoma Statewide Charter School Board, et al. v. Drummond in Ep. 14: The blockbuster SCOTUS case over religious charter schools

BJC Executive Director Emeritus J. Brent Walker wrote a reflection piece on Justice David Souter when the justice retired in 2009: Walker reflects on Souter’s Supreme Court tenure

Amy Howe wrote a piece on Justice Souter for SCOTUSblog: David Souter, retired Supreme Court justice, dies at 85

 

Segment 2 (starting at 06:58): The facts (that we know) in the case and what’s at stake

BJC has a post on our website describing Mahmoud v. Taylor: In oral argument, U.S. Supreme Court wrestles with the limits of public school parents’ opt-out rights

The U.S. Supreme Court has a transcript of oral arguments and the audio recording of oral arguments in Mahmoud v. Taylor available on its website.

 

Segment 3 (starting 25:54): The two big substantive points from the oral argument

We played two clips from the oral argument in this segment:

• Justice Elena Kagan and Eric Baxter, who argued on behalf of the group of parents (the petitioners) 
• Justice Samuel Alito and Eric Baxter

Amanda and Holly talked about the Texas Bible curriculum in episode 2 of this season: Oklahoma and Texas try to force Bible teaching in public schools

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