Amicus With Dahlia Lithwick | Law, justice, and the courts Sneak Preview: SCOTUS Made it Worse
Jul 5, 2025
Dahlia Lithwick and Mark Joseph Stern tackle pressing issues facing federal judges and the rule of law in America. They dive deep into the Mahmoud v. Taylor case, questioning the extent of religious opt-outs in public schools and their impact on LGBTQ representation. The conversation also highlights recent legal rulings that foster fear among teachers, leading to self-censorship in discussions of diverse narratives. Finally, they scrutinize the Supreme Court's manipulation of its discretionary docket and the implications for future legal precedents.
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Opt-Outs Threaten Progressive Education
- The Mahmoud v. Taylor ruling may lead to increased opt-outs of LGBTQ content in public schools, potentially extending to other progressive topics.
- This could result in broad censorship and chilling effects on education about minorities and controversial issues.
Teachers Face Material Censorship
- Teachers may need to pre-vet materials aggressively to avoid lawsuits stemming from parental objections.
- This climate risks chilling education and reverting to overly sanitized, bland content.
Reversing Logic on Coercion
- The logic on coercion in schools is reversed in Mahmoud v. Taylor, branding LGBTQ-positive books as coercive.
- This flips the original intent behind protections against religious coercion in public education.