Four Supreme Court Justices Refuse to Read the First Amendment
Four Supreme Court Justices wanted to make it legal for taxpayer dollars to fund religious charter schools.
The Supreme Court produced a 4–4 deadlock on Thursday on the question of whether an Oklahoma religious school could take part in the state's publicly funded charter school programs. While the decision is unsigned, thanks to the even split, it is likely that Chief Justice Roberts sided with liberal Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan in opposition to the measure, while conservatives Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Samuel Alito likely voted in favor of allowing religious charter schools access to public funds. Justice Amy Comey Barret recused herself due to attorneys from her alma mater, Notre Dame Law School, representing the religious schools.
The deadlock leaves in place an Oklahoma ruling that a Catholic public charter school is unconstitutional. But the Supreme Court sidestepped the question, deferring to the lower court decision.
The four judges who voted in favor of the measure seem to be ignoring that earmarking public funds for religious schools is a clear violation of the establishment clause of the First Amendment. This clause prohibits the government from 'establishing' a religion and from blurring the lines between separation of church and state.
To determine what violates the establishment clause, the court carries out a 'Lemon test,' originating from the 1971 Supreme Court case Lemon v. Kurtzman. It states that the government can partner with a religious entity only if '(1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state.'
'The fact that the Court split 4–4 in this case, with Justice Barrett recused, is not especially surprising,' said CNN Supreme Court Analyst Steve Vladeck. 'The surprise is that the court had agreed to take this case up, with Justice Barrett recused, in the first place. That had led some folks to wonder if Chief Justice Roberts might be willing to join the other four Republican appointees in favor of public funding for religious charter schools. Today's affirmance without an opinion suggests that he isn't, at least for now.'
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Hamilton Spectator
34 minutes ago
- Hamilton Spectator
US governors are divided along party lines about military troops deployed to protests
California Democratic Gov. Gavin Newsom is calling President Donald Trump's military intervention at protests over federal immigration policy in Los Angeles an assault on democracy and has sued to try to stop it. Meanwhile, Texas Republican Gov. Greg Abbott is putting the National Guard on standby in areas in his state where demonstrations are planned. The divergent approaches illustrate the ways the two parties are trying to navigate national politics and the role of executive power in enforcing immigration policies. In his live TV address this week, Newsom said that Trump's move escalated the situation — and for political gain. All 22 other Democratic governors signed a statement sent by the Democratic Governors Association on Sunday backing Newsom, calling the Guard deployment and threats to send in Marines 'an alarming abuse of power' that 'undermines the mission of our service members, erodes public trust, and shows the Trump administration does not trust local law enforcement.' The protests in Los Angeles have mostly been contained to five blocks in a small section of downtown; nearly 200 people were detained on Tuesday and at least seven police officers have been injured. In Republican-controlled states, governors have not said when or how they're planning to deploy military troops for protests. Since Trump's return to office, Democratic governors have been calculating about when to criticize him, when to emphasize common ground and when to bite their tongues. The governors' responses are guided partly by a series of political considerations, said Kristoffer Shields, director of the Eagleton Center on the American Governor at Rutgers University: How would criticizing Trump play with Democrats, Republicans and independent voters in their states? And for those with presidential ambitions, how does that message resonate nationally? Democratic governors are weighing a number of considerations. 'There probably is some concern about retributions — what the reaction of the administration could be for a governor who takes a strong stance,' Shields said. And in this case, polling indicates about half of U.S. adults approve of how Trump is handling immigration, though that polling was conducted before the recent military deployment. On other issues, Democratic governors have taken a variety of approaches with Trump. At a White House meeting in February, Maine Democratic Gov. Janet Mills told Trump, ' we'll see you in court ' over his push to cut off funding to the state because it allowed transgender athletes in girls' school sports. Michigan's Gretchen Whitmer, a possible 2028 presidential candidate, publicly sparred with Trump during his first term but this time around, has met with him privately to find common ground. Initially, Hawaii Gov. Josh Green referred to Trump as a 'straight-up dictator,' but the next month he told a local outlet that he was treading carefully, saying: 'I'm not going to criticize him directly much at all.' Democratic governors speaking out — but some cautiously Apart from their joint statement, some of the highest-profile Democratic governors have not talked publicly about the situation in California. When asked, on Wednesday, New York Gov. Kathy Hochul's office pointed to a Sunday social media post about the joint statement. Whitmer didn't respond. The office of Illinois Gov. JB Pritzker, who is set to testify before Congress on Thursday about his state laws protecting people who are in the country without legal status, reiterated in a statement that he stands with Newsom. The office said 'local authorities should be able to do their jobs without the chaos of this federal interference and intimidation.' Pennsylvania Gov. Josh Shapiro, in an interview Wednesday in The Washington Post, said Trump should not send troops to a weekend protest scheduled in Philadelphia. 'He's injected chaos into the world order, he's injected it into our economy, he is trying to inject chaos into our streets by doing what he did with the Guard in California,' Shapiro said. As state attorney general during Trump's first term, Shapiro routinely boasted that he sued Trump over 40 times and won each time. As governor he has often treaded more carefully, by bashing Trump's tariffs, but not necessarily targeting Trump himself. GOP governors weighing in Florida Republican Gov. Ron DeSantis has often clashed with Newsom, a fellow term-limited governor with national ambitions . Newsom's office said DeSantis offered to send Florida State Guard troops to California. 'Given the guard were not needed in the first place, we declined Governor DeSantis attempt to inflame an already chaotic situation made worse by his Party's leader,' Newsom spokesperson Diana Crofts-Pelayo said in an email to The Associated Press. Speaking on Fox News on Tuesday, DeSantis said the gesture was a typical offer of mutual aid during a crisis — and was dismissive of the reasons it was turned down. 'The way to put the fire out is to make sure you have law and order,' he said. States are preparing for more protests this weekend Protests against immigration enforcement raids have sprung up in other cities — and a series of 'No Kings' demonstrations are planned for the weekend — with governors preparing to respond. In Connecticut, Democratic Gov. Ned Lamont said he has spoken with his public safety commissioner to make sure state and local police work together. 'I don't want to give the president any pretext to think he can come into Connecticut and militarize the situation. That just makes the situation worse,' said Lamont, who called Trump 'a little eager to send federal troops and militarize the situation in Los Angeles.' It is unclear how many Texas National Guard members will be deployed or how many cities asked for assistance. In Austin, where police used chemical irritants to disperse several hundred protesters on Monday, the mayor's office said the National Guard was not requested. San Antonio officials also said they didn't request the Guard. Florida's DeSantis said law enforcement in his state is preparing 'The minute you cross into attacking law enforcement, any type of rioting, any type of vandalism, looting, just be prepared to have the law come down on you,' DeSantis said Tuesday. 'And we will make an example of you, you can guarantee it.' ___ Associated Press reporters Nadia Lathan and Jim Vertuno in Austin, Texas; Sophie Austin in Sacramento, California; Isabella Volmert in Lansing, Michigan; Andrew DeMillo in Little Rock, Arkansas; Susan Haigh in Hartford, Connecticut; Anthony Izaguirre in Albany, New York; Marc Levy in Harrisburg, Pennsylvania; Kate Payne in Tallahassee, Florida; and Sophia Tareen in Chicago; contributed. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
35 minutes ago
- Hamilton Spectator
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump , who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency , which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. 'I don't care if you call me a dictator' Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs . By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional , he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator,' Bukele said earlier this month in a speech. 'Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. 'Of course I'm scared' Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts' in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution . Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López , who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Fear and an ally in Trump Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law , championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele , with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Journalists stranded Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives' held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed.' ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Boston Globe
37 minutes ago
- Boston Globe
US governors are divided along party lines about military troops deployed to protests
All 22 other Democratic governors signed a statement sent by the Democratic Governors Association on Sunday backing Newsom, calling the Guard deployment and threats to send in Marines 'an alarming abuse of power' that 'undermines the mission of our service members, erodes public trust, and shows the Trump administration does not trust local law enforcement.' Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up The protests in Los Angeles have mostly been contained to five blocks in a small section of downtown; nearly 200 people were detained on Tuesday and at least seven police officers have been injured. Advertisement In Republican-controlled states, governors have not said when or how they're planning to deploy military troops for protests. Since Trump's return to office, Democratic governors have been calculating about when to criticize him, when to emphasize common ground and when to bite their tongues. The governors' responses are guided partly by a series of political considerations, said Kristoffer Shields, director of the Eagleton Center on the American Governor at Rutgers University: How would criticizing Trump play with Democrats, Republicans and independent voters in their states? And for those with presidential ambitions, how does that message resonate nationally? Advertisement Democratic governors are weighing a number of considerations. 'There probably is some concern about retributions — what the reaction of the administration could be for a governor who takes a strong stance," Shields said. And in this case, polling indicates about half of U.S. adults approve of how Trump is handling immigration, though that polling was conducted before the recent military deployment. On other issues, Democratic governors have taken a variety of approaches with Trump. At a White House meeting in February, Maine Democratic Gov. Janet Mills told Trump, " we'll see you in court " over his push to cut off funding to the state because it allowed transgender athletes in girls' school sports. Michigan's Gretchen Whitmer, a possible 2028 presidential candidate, publicly sparred with Trump during his first term but this time around, has met with him privately to find common ground. Initially, Hawaii Gov. Josh Green referred to Trump as a 'straight-up dictator,' but the next month he told a local outlet that he was treading carefully, saying: 'I'm not going to criticize him directly much at all.' Democratic governors speaking out — but some cautiously Apart from their joint statement, some of the highest-profile Democratic governors have not talked publicly about the situation in California. When asked, on Wednesday, New York Gov. Kathy Hochul's office pointed to a Sunday social media post about the joint statement. Whitmer didn't respond. The office of Illinois Gov. JB Pritzker, who is set to testify before Congress on Thursday about his state laws protecting people who are in the country without legal status, reiterated in a statement that he stands with Newsom. The office said 'local authorities should be able to do their jobs without the chaos of this federal interference and intimidation.' Advertisement Pennsylvania Gov. Josh Shapiro, in an interview Wednesday in The Washington Post, said Trump should not send troops to a weekend protest scheduled in Philadelphia. 'He's injected chaos into the world order, he's injected it into our economy, he is trying to inject chaos into our streets by doing what he did with the Guard in California,' Shapiro said. As state attorney general during Trump's first term, Shapiro routinely boasted that he sued Trump over 40 times and won each time. As governor he has often treaded more carefully, by bashing Trump's tariffs, but not necessarily targeting Trump himself. GOP governors weighing in Florida Republican Gov. Ron DeSantis has often clashed with Newsom, a fellow term-limited governor with national ambitions. Newsom's office said DeSantis offered to send Florida State Guard troops to California. 'Given the guard were not needed in the first place, we declined Governor DeSantis attempt to inflame an already chaotic situation made worse by his Party's leader,' Newsom spokesperson Diana Crofts-Pelayo said in an email to The Associated Press. Speaking on Fox News on Tuesday, DeSantis said the gesture was a typical offer of mutual aid during a crisis — and was dismissive of the reasons it was turned down. 'The way to put the fire out is to make sure you have law and order,' he said. States are preparing for more protests this weekend Protests against immigration enforcement raids have sprung up in other cities — and a series of 'No Kings' demonstrations are planned for the weekend — with governors preparing to respond. In Connecticut, Democratic Gov. Ned Lamont said he has spoken with his public safety commissioner to make sure state and local police work together. Advertisement 'I don't want to give the president any pretext to think he can come into Connecticut and militarize the situation. That just makes the situation worse,' said Lamont, who called Trump 'a little eager to send federal troops and militarize the situation in Los Angeles.' It is unclear how many Texas National Guard members will be deployed or how many cities asked for assistance. In Austin, where police used chemical irritants to disperse several hundred protesters on Monday, the mayor's office said the National Guard was not requested. San Antonio officials also said they didn't request the Guard. Florida's DeSantis said law enforcement in his state is preparing 'The minute you cross into attacking law enforcement, any type of rioting, any type of vandalism, looting, just be prepared to have the law come down on you,' DeSantis said Tuesday. 'And we will make an example of you, you can guarantee it.' Associated Press reporters Nadia Lathan and Jim Vertuno in Austin, Texas; Sophie Austin in Sacramento, California; Isabella Volmert in Lansing, Michigan; Andrew DeMillo in Little Rock, Arkansas; Susan Haigh in Hartford, Connecticut; Anthony Izaguirre in Albany, New York; Marc Levy in Harrisburg, Pennsylvania; Kate Payne in Tallahassee, Florida; and Sophia Tareen in Chicago; contributed.
