Judge says chief justice’s “cute phrase” on racism not helpful in Virginia case
to include transgender people, a decision Roberts joined.
“This extremely aggressive Supreme Court could revisit that precedent,” said Kenji Yoshino, a constitutional law professor at New York University. “But for now, lower courts are bound by it, not by the chief justice’s statement.”Miranda McGowan of the University of San Diego School of Law said precedent similar to the workplace protections applies in a school context.
The Loudoun case may be decided on narrower grounds. All three judges on the appellate court panel expressed skepticism that the parents could challenge the program as racially discriminatory when none of their children had applied to be ambassadors. In a The program website says the students should have “a passion for social justice.” Daniel Suhr of the Liberty Justice Center said the students he representsBut the judges were more open to the idea that school investigations of alleged student bias might chill free speech by, in Niemeyer’s words, encouraging “student-on-student snitching” about “heated” school discussions.
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