The Inside-Out Constitution: Department of Commerce v New York

2020 ◽  
Vol 2019 ◽  
pp. 231-269
Author(s):  
Jennifer M. Chacón
2019 ◽  
Vol 101 (1) ◽  
pp. 41-42
Author(s):  
Julie Underwood

Julie Underwood highlights three cases from the 2018-2019 U.S. Supreme Court term that have implications for education. In American Legion v. American Humanist Association (2019), the Court ruled that a cross on public land honoring World War I soldiers was not a violation of the Establishment Clause. In this ruling, the Justices criticized the Lemon test often used in cases related to religion in schools, but they did not invalidate it entirely. In Kisor v. Wilkie (2019), Justices expressed the belief that the Court should defer to administrative agencies in interpreting complex regulations and administrative guidance. This leaves room for the Department of Education and other agencies to reinterpret regulations for political or ideological reasons. In Department of Commerce v. State of New York (2019), the Court ruled that a citizenship question on the U.S. Census is acceptable, but the that Department of Commerce did not provide an acceptable reason for the decision. The outcome of this case could affect the census count, which would then affect how education funding is allocated.


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