Rep. Mo Brooks (R-AL), projected to lose Alabama’s GOP Senate primary runoff against rival Katie Britt after a full slap in the face from ex-President Donald Trump, concluded his rocky campaign with some bitter words in his concession speech on Tuesday night.
Continue reading “Salty Mo Brooks Congratulates Dems After Losing Senate Runoff Post-Trump Snub”SCOTUS Says ‘Yes’ To State Funds For Religious Schools In Maine—With Potential Consequences For Entire Country
This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It first appeared at The Conversation.
For nearly three-quarters of a century, one issue in education has come up before the Supreme Court more than any other: disputes over religion.
Carson v. Makin, a case about Maine’s tuition assistance program for students in districts without high schools of their own, continues the pattern – with potential consequences for schools, families and courts across the country.
On June 21, 2022, the court ruled that parents in rural districts lacking public high schools, but who receive state aid to send their children to private schools instead, can use that money for tuition at schools with faith-based curricula. In a 6-3 order, the court held that Maine’s requirement that tuition assistance payments be used at “nonsectarian” schools violated the free exercise clause of the First Amendment because parents could not send their children to the schools of their choice.
In two recent cases on similar issues, the court ruled in favor of families. Carson continues this trend of allowing more public support to students in faith-based schools, which has been developing for more than 20 years.
To the school choice movement – which advocates affording families more options beyond traditional public schools, but having the government help foot the bill – Carson represents a chance for more parents to give their children an education in line with their religious beliefs.
Opponents fear that cases such as Carson could establish a precedent of requiring taxpayer dollars to fund religious teachings. Based on its most recent judgments, many legal analysts maintain that the current court is increasingly sympathetic to claims that religious liberties are being threatened but, in so doing, is creating too close of a relationship between religion and government.
SCOTUS’ shift in thought
Religion in schools emerged as a significant issue at the Supreme Court starting in 1947’s Everson v. Board of Education, when the justices upheld a New Jersey law allowing school boards to reimburse parents for transportation costs to and from schools, including ones that are religiously affiliated.
According to the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” – an idea courts often interpreted as requiring “a wall of separation between church and state.” In Everson, however, the Supreme Court upheld the law as not violating the First Amendment because children, not their schools, were the primary beneficiaries.
Everson signaled the start of the “child benefit test,” an evolving legal concept that I have written about in my work on education law. According to this test, which has guided many of the court’s decisions about religion, money and education, children who attend faith-based schools are the primary beneficiaries of the state aid they receive, rather than their schools. In other words, this logic reasons that the government is not directly supporting particular religions.

In recent years, though, the court has expanded the boundaries of what aid is allowed – as it has now done again with Carson. The decision extends the Supreme Court’s two most recent judgments on aid to students in faith-based schools: In 2017’s Trinity Lutheran Church of Columbia v. Comer, the Supreme Court reasoned that states cannot deny religious people or religious institutions generally available public benefits simply because they are religious. Three years later, in Espinoza v. Montana Department of Revenue, the court decided the state’s tuition tax credit program cannot bar private, faith-based “schools from public benefits solely because of the religious character of the schools.”
Mainers’ education
Maine’s Constitution mandates the creation of public schools. But many rural towns don’t have their own secondary schools: In fact, of the 260 “school administrative units” in Maine, more than half lack a secondary school.
In areas without access to public schools, Maine law allowed students to attend other public or private schools at public expense, but not faith-based ones. The state requires approved schools to be nonsectarian, “in accordance with the First Amendment of the United States Constitution.”
Carson v. Makin began in 2018 when three sets of parents unsuccessfully filed suit on behalf of their children, arguing that the rule discriminated on the basis of religion. The federal trial court in Maine ruled in favor of the state, affirming that its tuition aid requirements did not violate the rights of the parents or their children. On appeal, the First Circuit unanimously affirmed in favor of the state, rejecting all the parental claims.
The decision
When, as the parents in Carson alleged, state actions limit fundamental rights such as free exercise of religion, courts apply what is called “strict scrutiny,” meaning that public officials must prove they have a “compelling interest” in restricting such a right. When the Supreme Court applies “strict scrutiny,” as it did in Carson, state restrictions typically fail.
Writing for the court, Chief Justice John Roberts declared that the Maine program “effectively penalizes the free exercise of religion.” Relying on Trinity Lutheran and Espinoza, he wrote that “a neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.” He also declared that a state’s interest in not violating the establishment clause does not justify excluding people from a public benefit because they are religious.
The previous recent cases dealt with schools’ status as religious schools, rather than whether their actual teaching is religious. Lower courts’ decisions about Carson, on the other hand, looked at how religious schools would actually use the funds: whether they would provide an equivalent education to the one that Maine’s public schools deliver.
But the Supreme Court held that both “status-based” and “use-based” refusals to allow state aid for students at religious schools are “offensive to the Free Exercise Clause.”
As often occurs in such high-profile cases, the dissenters disagreed strongly. Justice Stephen Breyer, joined in full by Justice Elena Kagan and partially by Justice Sonia Sotomayor, wrote of “an increased risk of religiously based social conflict when government promotes religion in the public school system.”
Dissenting separately, Sotomayor expressed concern that Carson is “leading us to a place where separation of church and state is a constitutional slogan, not a constitutional commitment. Today, the Court leads us to a place where separation of church and state becomes a constitutional violation.”
Carson is unlikely to end disagreements over public funds and religion – or religion and schools more generally. But two clear points emerge in Carson’s wake: the court’s ongoing support for the “child benefit test” and its continuing to lower the wall of separation between church and state in education.
Charles J. Russo is the Joseph Panzer Chair in Education in the School of Education and Health Sciences and Research Professor of Law at the University of Dayton.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Fox News Parent Forced To Face Dominion Defamation Suit Under Judge’s Order
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Let The Reapin’ Begin
Delaware Superior Court Judge Eric M. Davis rejected a bid by Fox News’ parent company, Fox Corp., to toss out Dominion Voting Systems’ defamation lawsuit on Tuesday.
- The judge ruled that Fox Corp. chair Rupert Murdoch and his son, Fox Corp. CEO Lachlan, may have acted with “actual malice” when allegedly directing Fox News to peddle debunked conspiracy theories about Dominion voting machines. Rupert Murdoch himself had told Trump that he lost the election, the judge noted, yet Fox went ahead with the conspiracy theories anyway.
- That marks a second blow to Rupert Murdoch’s efforts to fend off Dominion’s defamation suits over Fox News’ coverage: Davis allowed Dominion’s massive $1.6 defamation suit against Fox News to proceed in December.
Hit-And-Run AG Banned From Office
South Dakota Attorney General Jason Ravsnborg (R) was convicted in his Senate impeachment trial in the GOP-controlled chamber yesterday, more than a year after running over and killing a man with his car.
- The Senate reached the required two-thirds majority vote to convict Ravnsborg on both impeachment articles: crimes causing death and malfeasance in office.
- The Senate also voted to permanently disqualify Ravnsborg from holding office. The disgraced attorney general has already said he won’t run for reelection this November.
Yesterday’s Jan. 6 Hearing
The House Jan. 6 Committee held its fourth public hearing yesterday, which focused on Trump’s efforts to bully state officials, especially those in Georgia, into stealing the 2020 election for him.
- Check out our liveblog here.
- “Trump’s Relentless Election Theft Campaign Took A Deep Emotional Toll, Witnesses Say” by TPM’s Matt Shuham
- “‘Team Normal’ Just Looked The Other Way While Alternate Elector Scheme Unfolded” by TPM’s Josh Kovensky
Modest Bipartisan Gun Reform Bill Passes Key Senate Vote
The Senate voted to advance a bipartisan group of senators’ bill on gun violence on Tuesday night, putting it on track for passage later this month.
- The better-than-nothing-I-guess legislation is titled as the “Bipartisan Safer Communities Act.” You can read the text here.
Garland Visits Ukraine To Address Russian War Crimes
Attorney General Merrick Garland on Tuesday took an unannounced trip to Ukraine, where he met with Ukrainian Prosecutor General Iryna Venediktova, according to the Justice Department. Garland was there to unveil the DOJ’s new War Crimes Accountability Team, an initiative to help Ukraine crack down on the horrific war crimes that’ve been occurring amid Russia’s invasion.
No Mo Mo
Trump-ditched Rep. Mo Brooks (R-AL) is projected to lose Alabama’s GOP Senate primary runoff against Trump-backed rival Katie Britt.
More Than 900 People Killed In Afghanistan Earthquake
At least 950 people have died in Afghanistan after an earthquake with a 6.1 magnitude struck the country’s eastern area early Wednesday morning, according to disaster officials as reported by Reuters.
Greitens Insists He Was Just Having A Laugh With Violent Campaign Ad
Missouri Senate candidate Eric Greitens wants to know why everyone’s taking his ad featuring him and military dudes armed with assault rifles and flash grenades busting into a house to hunt down his political enemies so seriously. Can’t people can’t take a joke anymore??
- The ad “has a sense of humor,” and the backlash is just “tremendous amount of faux outrage from leftists and RINOs” (“Republicans In Name Only”, aka the people he was “hunting” in the ad), Greitens claimed during several radio interviews on Tuesday.
Cuellar Defeats Progressive Challenger In Nailbiter Runoff
Establishment-backed Rep. Henry Cuellar (D-TX), the last anti-abortion Democrat in the House and who’s been roped into an FBI investigation, has prevailed in the runoff primary against progressive rival Jessica Cisneros.
Jan. 6 Panel’s Top Prosecutor Urged To Run For Missouri Senate
A committee in Missouri has launched a bid to convince ex-federal prosecutor John F. Wood, who now serves as senior counsel to the House Jan. 6 Committee, to run for Senate as an independent.
- The committee argued in its news release that Wood, through his work on the committee, represents the principle of putting “country over party”: In addition to working under the Bush administration, Wood also clerked for Supreme Court Justice Clarence Thomas and conservative ex-federal judge J. Michael Luttig, who recently testified in front of the committee.
- Wood was brought aboard the committee by panel vice chair Liz Cheney (R-WY). The ex-prosecutor reports to her and the committee’s chief counsel, who’s a Democrat.
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In A Post-Roe World, Republicans Could Come For DC’s Abortion Rights
With the Supreme Court poised to overturn Roe v. Wade, many have already started scratching out the calculus to determine where abortion access will be protected, and where it’s endangered.
In the usual respects, Washington D.C. fits the bill of a guaranteed abortion safe haven: it dependably hovers at the top of lists ranking the most liberal cities, with 92 percent of the city’s vote going to President Joe Biden in 2020. Most local elections are decided in the Democratic primaries.
Continue reading “In A Post-Roe World, Republicans Could Come For DC’s Abortion Rights”Jan. 6 Panel Hearing, Round Four: MAGALand’s Pressure Campaign On The States
The House Jan. 6 Committee is holding its fourth hearing today at 1:00 p.m. ET.
Today the committee will zero in on Trump and his cronies’ pressure campaign against state and local elections officials to not only “find” the votes needed for Trump to steal the 2020 election, but also to participate in MAGALand’s fake elector scheme.
Follow our live coverage below:
‘Team Normal’ Just Looked The Other Way While Alternate Elector Scheme Unfolded
The January 6 Committee laid out new details in the fake elector scheme at its Tuesday hearing, providing a look at how senior Trump officials tried to limit their own involvement in the plan while allowing it to go forward.
Continue reading “‘Team Normal’ Just Looked The Other Way While Alternate Elector Scheme Unfolded”Trump’s Relentless Election Theft Campaign Took A Deep Emotional Toll, Witnesses Say
Then-President Donald Trump’s effort to steal a second term inflicted a deep emotional toll on anyone who stood in its way, from state House speakers to on-the-ground election workers.
Continue reading “Trump’s Relentless Election Theft Campaign Took A Deep Emotional Toll, Witnesses Say”A Brutal Day Of Jan. 6 Testimony
In case you missed it, here is a recording of our Twitter Space. John Light, Josh Kovensky and Matt Shuham broke down today’s Jan. 6 House select committee hearing. Listen at the link below, and follow us on Twitter @TPM to join the next one!
Make It Today?
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Tactical
Let me comment briefly on the TPM Reader responses below on the “tactical” lifestyle, Jan. 6th, mass shootings and more. Most of these have been in the vein of, “It’s not just the long wars, it’s this too.” And I think in every case I agree. No big historical development or reality pops up out of nowhere, unrooted to the particular historical era in which it arises.
It’s true as MF puts it that the millions of young American men who saw combat in World War II didn’t come back and spend years dressing up as GIs. In a way they didn’t have to as they returned to a society rapidly reorganized around the Cold War. It’s worth noting that the long-running abandoned POW activism emerging out of the Vietnam War was in many ways just that and it was a seedbed of late 20th century right wing activism. But certainly the mere existence of foreign conflicts didn’t “cause” the tactical firearms culture. A whole host of factors conditioned that reaction.
Continue reading “Tactical”