Divided Argument Cruel and Unusual and Stupid
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Mar 6, 2026 A live University of Chicago discussion of recent Supreme Court shadow-docket rulings about school policies on gender transitions and parental notice. They also unpack a redistricting stay in New York and debate why the Court stepped in early. The conversation covers limits on lawyer consultation while a defendant testifies and constitutional puzzles over standing and jurisdiction.
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Supreme Court Revives Parental Challenge To School Transition Policies
- The Supreme Court vacated the Ninth Circuit's stay in Mirabelli v. Bonta, signaling willingness to intervene on school policies about student gender transitions and parental notice.
- The court treated parental objections under both Free Exercise and substantive due process, extending Mahmoud beyond children's books to broader school practices.
Court Expands Mahmoud's Reach To Parental Objections
- The Court read Mahmoud broadly, finding parental free exercise claims here stronger than the LGBTQ children's books case and worthy of strict scrutiny.
- It simultaneously invoked substantive due process to avoid a purely religion-based two-tier system for parents objecting to school actions.
Parental Rights Framed Broadly But Factually Unclear
- The Court invoked longstanding parental-rights precedents to recognize a due process interest in not being shut out of decisions about children's mental health.
- That reasoning rests at a high generality, raising questions about scope and whether it creates a positive right to force schools' actions.