Blog Post 3.2 - SCOTUS 2020
1. What issue is at the center of both the Trinity Lutheran and Espinoza cases?
The issue of whether or not states can fund secular education at private religious schools.
2. How does Justice Kagan argue that banning ALL funding to religious institutions would be ridiculous?
The Missouri provision that bans spending money to aid religious schools could be interpreted to also not provide fire and police protection to these schools, which is bad.
3. What choice do the plaintiffs argue that these bans force on students?
Students are forced to either attend a school that prescribes to students' religious beliefs or a public school that will adequately fund their education.
4. According to the Census, what's the average amount that states spend on each public school student?
States spend on average $11,392 each year on each student.
5. How did Chief Justice John Roberts explain the Court's decision in Trinity Lutheran?
Denying funding for religious schools that intends to use the money for secular purposes violates the free exercise clause because schools are being denied aid solely because of their religious identity.
6. Because of the current makeup of the court, how do the authors predict that the Court will settle the Espinoza case?
The conservative-leaning Court will allow states to fund religious schools if the money is used for secular purposes.
7. What issue is at the heart of both of these Pennsylvania cases?
Should employers be forced to subsidize their employees' love life by providing them with birth control?
8. What court precedent was established in the 1982 case US v Lee?
Employers cannot extend their religious restrictions to people they voluntarily hire in a business context.
9. How did the Trump Administration expand the effects of the ruling in the Hobby Lobby case?
Hobby Lobby ruled that employers cannot be required to directly provide contraceptive coverage and that the government will work with employers so that employees can indirectly receive that coverage. Trump expanded religious freedom by allowing employers to be completely exempt from providing birth control to their employees.
10. How do Trump's additions to the Court help predict the outcome of these cases?
Trump appointed conservative Neil Gorsuch to the Court, which means that religious freedom will be upheld.
The issue of whether or not states can fund secular education at private religious schools.
2. How does Justice Kagan argue that banning ALL funding to religious institutions would be ridiculous?
The Missouri provision that bans spending money to aid religious schools could be interpreted to also not provide fire and police protection to these schools, which is bad.
3. What choice do the plaintiffs argue that these bans force on students?
Students are forced to either attend a school that prescribes to students' religious beliefs or a public school that will adequately fund their education.
4. According to the Census, what's the average amount that states spend on each public school student?
States spend on average $11,392 each year on each student.
5. How did Chief Justice John Roberts explain the Court's decision in Trinity Lutheran?
Denying funding for religious schools that intends to use the money for secular purposes violates the free exercise clause because schools are being denied aid solely because of their religious identity.
6. Because of the current makeup of the court, how do the authors predict that the Court will settle the Espinoza case?
The conservative-leaning Court will allow states to fund religious schools if the money is used for secular purposes.
7. What issue is at the heart of both of these Pennsylvania cases?
Should employers be forced to subsidize their employees' love life by providing them with birth control?
8. What court precedent was established in the 1982 case US v Lee?
Employers cannot extend their religious restrictions to people they voluntarily hire in a business context.
9. How did the Trump Administration expand the effects of the ruling in the Hobby Lobby case?
Hobby Lobby ruled that employers cannot be required to directly provide contraceptive coverage and that the government will work with employers so that employees can indirectly receive that coverage. Trump expanded religious freedom by allowing employers to be completely exempt from providing birth control to their employees.
10. How do Trump's additions to the Court help predict the outcome of these cases?
Trump appointed conservative Neil Gorsuch to the Court, which means that religious freedom will be upheld.
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