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Supreme Court ignored Constitution in ruling in favor of religious schools, says Boston Globe columnist


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Boston Globe columnist Kimberly Atkins Stohr wrote on Tuesday that the Supreme Court “ignored” the Constitution in a Maine tuition ruling and said the court was taking away “unenumerated constitutional rights.”

“The Court’s conservative justices are also more than willing to ignore the plain language of the Constitution itself when they see fit,” she wrote. The court, Stohr wrote, used “one part of the First Amendment to override another” and ignored parts of the Constitution the court doesn’t like.

The Supreme Court ruled Tuesday that a Maine schooling program violates the First Amendment’s free exercise clause because it excludes religious schools.

“Maine’s ‘non-sectarian’ requirement for its generally available tuition assistance payments violates the free exercise clause of the First Amendment,” Chief Justice John Roberts wrote in the Carson v. makin. “Regardless of how the benefit and restriction are described, the program works to identify and exclude otherwise eligible schools based on their religious practice.”

Blake Fox, 19, of Washington, listens to a live broadcast of the U.S. Supreme Court’s arguments in Carson v. Makin, a challenge to a Maine tuition assistance program that prevents taxpayer dollars from being used to pay for religious instruction, in Washington, December 8, 2021. REUTERS/Elizabeth Frantz
(REUTERS/Elisabeth Frantz)

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“This is only the final nail in the coffin of the Establishment Clause, a crucial priority of the Founders, who sought to shun the state-sponsored religion of the nation from which it broke away,” the author wrote. ‘author.

She pointed to the dissents of Justice Stephen Breyer and Justice Sonia Sotomayor. “This Court continues to dismantle the wall of separation between Church and State that the Framers fought to build,” Sotomayor wrote.

“Under Roberts’ reasoning, in the court’s view, just about any rule intended to distance government-sponsored activity from religion can be considered unconstitutional. And advocacy groups religious rights rely on that,” the Boston Globe columnist wrote.

FILE - On this April 23, 2021, members of the Supreme Court's file photo pose for a group photo at the Supreme Court in Washington.  Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan , Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett.  Before the Supreme Court this week is a debate over whether public schools can discipline students for anything they say off campus.  (Erin Schaff/The New York Times via AP, pool, file)

FILE – On this April 23, 2021, members of the Supreme Court’s file photo pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan , Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this week is a debate over whether public schools can discipline students for anything they say off campus. (Erin Schaff/The New York Times via AP, pool, file)

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The Supreme Court is about to hand down a major decision on Roe v. Wade in Dobbs v. Jackson Women’s Health Organization. Politico reported on a leaked draft opinion on the case in May, which said the court was likely set to overturn Roe v. Wade.

Protesters gathered outside the Supreme Court on Tuesday ahead of the potential announcement.

WASHINGTON DC – JUNE 21: Protesters outside the Supreme Court on Tuesday morning ahead of a possible announcement on Dobbs v.  jackson

WASHINGTON DC – JUNE 21: Protesters outside the Supreme Court on Tuesday morning ahead of a possible announcement on Dobbs v. jackson
(Photo by Joshua Comins/Fox News)

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The draft opinion was drafted in February and said the right to abortion should be determined by states.

“We hold that deer and Casey must be overturned,” Judge Samuel Alito wrote in the draft opinion, Politico reported. “It is time to respect the Constitution and return the issue of abortion to the elected representatives of the people.

Hanna Panreck is an associate editor at Fox News.

Not all news on the site expresses the point of view of the site, but we transmit this news automatically and translate it through programmatic technology on the site and not from a human editor.



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