Speaking even when they don’t

The policy making role of the Supreme Court is often viewed in terms of its decisions on high-profile cases. A recent article in the NY Times reminds us that the Court also contributes to policy making when it declines to hear a case.

For example, during this current term the Court has tacitly agreed that government run schools can force students to recite the Pledge of Allegiance unless they have a signed excuse from their parents.

I’ve got to say that I don’t look forward to growing elderly and frail in a world run by people who were raised in a system in which they could be forced to recite pledges; submit to warrantless searches; or compelled to produce urine samples on demand. Payback is likely to be a bitch.



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