Law & Order

Court Rules Newsom’s 2020 Order Barring In-Person Classes at Private Schools Was Unconstitutional

By

California Gov. Gavin Newsom got a ruler across the knuckles from a federal appeals court that ruled he went too far wielding his powers when he forced private schools to remain closed as part of his lockdown edicts to address the coronavirus.

“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw — the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins of the 9th U.S. Circuit Court of Appeals wrote for the majority in the ruling on Friday.

“[T]he private-school Plaintiffs have established that the State’s prohibition on in-person instruction deprives them of a core right that is constitutionally protected,” the court said.

Sponsored Links

The ruling noted that this is not the first time California has been heavy-handed in its lockdown orders.

“As with its rigidly overbroad approach to religious services, California once again failed to ‘explain why it cannot address its legitimate concerns with rules short of a total ban,’” the court said.

“Because California’s ban on in-person schooling abridges a fundamental liberty of these five Plaintiffs that is protected by the Due Process Clause, that prohibition can be upheld only if it withstands strict scrutiny. Given the State closure order’s lack of narrow tailoring, we cannot say that, as a matter of law, it survives such scrutiny,” it said.

Sponsored Links

The appeals court, however, said that it could not offer the same support for parents of public school students who sued over Newsom’s July 2020 order.

It said that there is nothing in current law that requires the state to offer education in any specific format, and thus the parents lost that part of the lawsuit.

Sponsored Links

Newsom insisted its rules were the right action at the right time.

Read more…

Comments are closed.