Law & Courts

Education news, analysis, and opinion about court cases, lawsuits, and regulations affecting schools.
  • Attorneys from the Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the Education Department building in Washington on March 24, 2025.
    Attorneys from the U.S. Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the department's headquarters in Washington on March 24, 2025. The Trump administration has asked the U.S. Supreme Court to undo a federal district court injunction that would reinstate some 1,400 employees laid off from the department.
    Jose Luis Magana/AP
    Law & Courts Trump Administration Asks Supreme Court to Reinstate Ed. Dept. Layoffs
    The administration asks the U.S. Supreme Court to remove an injunction blocking the layoffs of nearly 1,400 department employees
    Mark Walsh, June 6, 2025
    4 min read
    Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025.
    Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025. A judge has ordered the reinstatement of terminated department employees, but they have yet to return to work.
    Jose Luis Magana/AP
    Law & Courts A Court Told Trump to Reverse Ed. Dept. Layoffs. Will It Happen?
    A judge ruled May 22 that the Trump administration had to reinstate laid-off Ed. Dept. staffers. They're still not back on the job.
    Brooke Schultz, June 3, 2025
    6 min read
    Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023.
    Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023. A federal appeals court covering Louisiana, Mississippi, and Texas has made it more difficult for public and school library patrons to challenge book removal decisions.
    Hakim Wright Sr./AP
    Law & Courts Appeals Court Ruling Raises Bar for Challenging School Book Bans
    A federal appeals court rejected a challenge to book removals in a Texas public library and overruled a precedent on school library cases.
    Mark Walsh, May 28, 2025
    6 min read
    Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, L.M. v. Town of Middleborough.
    Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, <i>L.M.</i>&nbsp;v.&nbsp;<i>Town of Middleborough</i>.
    Courtesy of Alliance Defending Freedom
    Law & Courts Supreme Court Won’t Hear ‘Two Genders’ Student T-Shirt Case
    Over two justices' dissent, the U.S. Supreme Court declined to hear the case of a student barred from wearing an anti-transgender T-shirt.
    Mark Walsh, May 27, 2025
    6 min read
    Supporters of charter schools rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington.
    Supporters of religious charter schools rally outside of the U.S. Supreme Court on April 30 as the justices weighed Oklahoma's approval of such a charter. On May 22, the court tied 4-4, leaving in place an Oklahoma Supreme Court ruling that said such religious charters were unconstitutional.
    Mark Schiefelbein/AP
    Law & Courts Religious Charter School Blocked After Supreme Court Deadlock
    The U.S. Supreme Court's 4-4 split over a religious charter school affirms a lower court ruling against the school but sets no precedent.
    Mark Walsh, May 22, 2025
    6 min read
    Rep. Laurel Libby, R-Auburn, speaks in opposition to a heating assistance package, Wednesday, Jan. 4, 2023, at the State House in Augusta, Maine.
    State Rep. Laurel D. Libby speaks at the State House in Augusta, Maine, on Jan. 4, 2023. Libby's February social media post about a transgender athlete ultimately led to a White House confrontation between President Donald Trump and Maine Gov. Janet D. Mills that has escalated to the point of the U.S. Department of Education threatening the state's federal school funding.
    Robert F. Bukaty/AP
    Law & Courts Supreme Court Gives Relief to Maine Legislator in Transgender Sports Controversy
    The U.S. Supreme Court temporarily restored voting privileges to a Maine lawmaker whose social media post criticized a transgender athlete.
    Mark Walsh, May 20, 2025
    3 min read
    Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship on May 15, 2025, outside of the Supreme Court in Washington. "This is enshrined in the Constitution. My parents are Chinese immigrants," says Liu. "They came here on temporary visas so I derive my citizenship through birthright."
    Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship on May 15, 2025, outside of the Supreme Court in Washington. "This is enshrined in the Constitution. My parents are Chinese immigrants," says Liu. "They came here on temporary visas so I derive my citizenship through birthright."
    Jacquelyn Martin/AP
    Law & Courts Supreme Court Case on Birthright Citizenship Sparks Fears for School Funding
    The justices are weighing whether to allow nationwide injunctions of President Donald Trump's executive order on birthright citizenship.
    Mark Walsh, May 15, 2025
    5 min read
    Man and woman waiting around speech bubble hole
    E+/Getty
    Law & Courts Opinion What the Supreme Court Case on LGBTQ+ Books Reminds Us About Parents’ Rights
    Regardless of which side wins Mahmoud v. Taylor, we have a big problem.
    Jamie Kudlats & Christopher D. Thomas, May 15, 2025
    5 min read
    Retired Supreme Court Justice David Souter smiles during a new lecture series titled, "Constitutionally Speaking" on Sept. 14, 2012 in Concord, N.H. Souter spoke to more than 1,300 who packed a small theater to hear him.
    Retired U.S. Supreme Court Justice David H. Souter, pictured participating a Sept. 14, 2012, lecture series on the U.S. Constitution in Concord, N.H., died May 8, 2025.
    Jim Cole/AP
    Law & Courts Retired Justice Souter, Advocate for Civics and Church-State Split, Dies at 85
    Retired Justice David Souter, who wrote Supreme Court opinions on student strip searches and government aid to religion, has died.
    Mark Walsh, May 9, 2025
    4 min read
    Supporters of charter schools rally outside of the Supreme Court on April 30, 2025, in Washington.
    Supporters of religious charter schools rally outside of the U.S. Supreme Court on April 30, 2025, in Washington.
    Mark Schiefelbein/AP
    Law & Courts Supreme Court Appears Open to Religious Charter School
    The U.S. Supreme Court grappled with whether charter schools are public schools and whether the Constitution permits a religious charter.
    Mark Walsh, April 30, 2025
    7 min read
    The Tharpe family, pictured outside the U.S. Supreme Court in Washington, on April 28, 2025.
    Gina and Aaron Tharpe appear outside the U.S. Supreme Court on April 28 with their daughter Ava, who has a severe form of epilepsy. The court is weighing what liability standard should apply to the suit for damages they filed against their school district.
    Mark Walsh/Education Week
    Law & Courts Supreme Court Poised to Back Student in Key Disability-Rights Case
    The U.S. Supreme Court considered what liability standard should apply for cases brought by students under two key federal disability laws.
    Mark Walsh, April 28, 2025
    6 min read
    Supreme Court 25091823131249
    The U.S. Supreme Court is seen in Washington on April 1, 2025. The court on April 30 will take up a much-debated case about whether a state must allow a religious charter school.
    Law & Courts Supreme Court Case Could Reshape Landscape for Charter and Religious Schools
    The U.S. Supreme Court on April 30 will take up the much-debated case of a Roman Catholic charter school in Oklahoma.
    Mark Walsh, April 28, 2025
    9 min read
    The U.S. Department of Education in Washington pictured on Friday, March 28, 2025, during a rally to support departing employees.
    The U.S. Department of Education in Washington pictured on Friday, March 28, 2025, during a rally to support departing employees. A federal judge on Friday questioned the Trump administration's arguments in favor of dismantling the federal agency.
    Moriah Ratner for Education Week
    Law & Courts Judge Casts Doubt on Trump’s Authority to Gut Education Dept. Staff
    Twenty-one states and a coalition of unions and school districts are challenging the president's dismantling of the Education Department.
    Mark Lieberman, April 25, 2025
    3 min read
    The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024.
    The U.S. Supreme Court as seen on Dec. 17, 2024. The court will hear arguments on April 28 in a case about the legal standard for discrimination for two federal disability-rights laws and how they play out in schools.
    J. Scott Applewhite/AP
    Law & Courts Supreme Court to Weigh Discrimination Standard for Some Special Education Cases
    The U.S. Supreme Court will consider what legal standard must be met for proving discrimination against students with disabilities.
    Mark Walsh, April 24, 2025
    9 min read
    Sarah Hinger (center), deputy director of the ACLU Racial Justice Program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025.
    Sarah Hinger (center), deputy director of the ACLU racial justice program, takes questions from reporters after oral arguments in a lawsuit in the U.S. District Court of New Hampshire seeking to block the Trump administration from requiring public schools to end DEI programs on April 17, 2025. Two federal judges on Thursday issued orders limiting the Trump administration's ability to enforce its anti-DEI directives to schools and colleges.
    Courtesy of Ethan DeWitt/New Hampshire Bulletin
    Law & Courts Trump Can't Enforce Anti-DEI Directives in Schools, 3 Judges Say
    Three judges, including two Trump appointees, said the administration had overstepped its authority in its efforts to rid schools of DEI.
    Matthew Stone, April 24, 2025
    7 min read