Law & Courts Blog

The School Law Blog

The School Law Blog offered expert insights and analysis on legal issues in education, including school-related cases in the U.S. Supreme Court and in lower courts. This blog is no longer being updated, but you can continue to explore these issues on edweek.org by visiting our related topic pages: law & courts, supreme court, and court cases.

Education Barrett Indicates Her Comfort With High Court's Recent Religion Decisions
Religious liberty, school choice, teachers' unions, and educational equity all came up at Amy Coney Barrett's high court confirmation hearing. She wasn't always asked to answer.
Mark Walsh, October 14, 2020
7 min read
Education Barrett Says 'Brown v. Board of Education' Is 'Superprecedent' Beyond Overruling
U.S. Supreme Court nominee Amy Coney Barrett said it would be "unthinkable" for the landmark "Brown" desegregation decision to be overruled.
Mark Walsh, October 13, 2020
5 min read
Education Amy Coney Barrett Says Courts Can't Right Every Wrong in Public Life
U.S. Supreme Court nominee Amy Coney Barrett lauded her encouraging home and school background and said courts cannot solve every problem.
Mark Walsh, October 12, 2020
6 min read
Education Florida Court Backs State Order Requiring Schools to Open for In-Person Instruction
A state appellate court preliminarily upheld a COVID-19 order that required most public schools in the state to re-open for in-person instruction by Aug. 31.
Mark Walsh, October 9, 2020
3 min read
Education Federal Judge Denies Relief in Challenge to New Mexico School Reopening Rules
In a case that has drawn the involvement of the Trump administration, a federal judge holds that state rules limiting in-person instruction are not infringing on federal constitutional rights.
Mark Walsh, October 6, 2020
3 min read
Law & Courts Supreme Court Won't Hear Challenge to Union Exclusive Representation
The justices declined to take up a major challenge to exclusive-bargaining arrangements for teachers' unions and other public employee labor organizations.
Mark Walsh, October 5, 2020
3 min read
Education Court Nominee Expressed Doubt That Title IX Protects Transgender Students
U.S. Supreme Court nominee Amy Coney Barrett expressed doubts that Title IX protects transgender students who seek to use school restrooms and locker rooms consistent with their gender identity.
Mark Walsh, September 29, 2020
4 min read
Law & Courts Court Pick Ruled on Campus Sex Assault, Other Education Issues as Appeals Judge
U.S. Supreme Court nominee Judge Amy Coney Barrett has ruled on due process and Title IX issues in campus sex assaults, qualified immunity, private schools, and other issues.
Mark Walsh, September 26, 2020
11 min read
Education What Ruth Bader Ginsburg Meant to Education
In her 27 years on the court, Ginsburg was a stalwart vote for sex equity in schools, expansive desegregation remedies, strict separation of church and state, and against broader drug testing of students.
Mark Walsh, September 18, 2020
11 min read
Education Justice Gorsuch Tells Students: The Constitution Is in Your Hands to Protect
U.S. Supreme Court Justice Neil M. Gorsuch implored K-12 students on Zoom to study the U.S. Constitution and prepare to become the next generation that will try to protect it and achieve its ideals.
Mark Walsh, September 17, 2020
4 min read
Education Judge Tells Defiant Private School to Halt In-Person Classes Due to Pandemic Rules
A California state judge ordered Immanuel Schools in Reedley, Calif., to end in-person instruction to comply with COVID-19-related public health orders.
Mark Walsh, September 16, 2020
2 min read
Education Education Dept.: High Court Ruling Does Not Support Transgender Athletes
The Trump administration argues that the U.S. Supreme Court's decision that federal law protects transgender employees does not apply to transgender athletes in school.
Mark Walsh, September 14, 2020
4 min read
Education Appeals Court Revives Race- and Sex-Bias Suit Over Student's Dyed Hair
The court revived a key part of a lawsuit filed by a Louisiana high school student who alleges that he faced harassment from a school administrator over the student's dyed hair.
Mark Walsh, September 11, 2020
2 min read
Education Schools Losing Out So Far in Court Challenges to Pandemic Orders
Challengers of state executive orders, to open schools for in-person instruction in some places and keep them closed in others, are having difficulty getting meaningful relief from the courts.
Mark Walsh, September 10, 2020
3 min read