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@hughhewitt..long-settled Supreme Court precedent about the rights of parents to control the upbringing of their children..naked “Resistance in Robes” decision that seems calculated to challenge the Supreme Court..rarely if ever do circuit courts just blow off long-settled law to advance a left-wing agenda contrary to binding precedent.

What's Driving The Judicial Escalation Of Lawfare?

Hugh Hewitt @hughhewitt

I was shocked to read the First Circuit’s decision in Foote v Ludlow School District yesterday. I missed it when it came down in February.

In the press of news generated by the new Administration and wars around the world (and the grip of a bad bug now passing) it was bound to happen. But I will work to catch the audience up. The per curium opinion is here: https://ca1.uscourts.gov/sites/ca1/files/opnfiles/23-1069P-01A.pdf… It is written by committee —a committee of very bad writers btw.

I expect this case to be accepted for review by SCOTUS because it’s an outrageous disregard for long-settled Supreme Court precedent about the rights of parents to control the upbringing of their children. It is also the first, naked “Resistance in Robes” decision that seems calculated to challenge the Supreme Court. Circuit courts get reversed all the time. Sometime because SCOTUS tossed an old precedent (as Brown v Board tossed Plessy and Dobbs tossed Roe). But rarely if ever do circuit courts just blow off long-settled law to advance a left-wing agenda contrary to binding precedent.

8:51 AM · Mar 21, 2025

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