Another of California Governor Gavin Newsom’s tyrannical lockdown orders was struck down in court last week after a year-long legal battle.
The U.S. Court of Appeals for the Ninth Circuit ruled Newsom’s 2020 order, stopping all in-person learning in both public and private schools in 32 counties, is unconstitutional.
“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw — the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins said Friday.
“Because California’s ban on in-person schooling abridges a fundamental liberty of these five Plaintiffs that is protected by the Due Process Clause, that prohibition can be upheld only if it withstands strict scrutiny,” the judge continued.
The Center for American Liberty filed the lawsuit against Newsom in July 2020 representing 20 plaintiffs who challenged Newsom’s order. The plaintiffs argued that Newsom overstepped his authority by unconstitutionally denying parents to have control over their children’s education.
Harmeet K. Dhillon, Founder of Center for American Liberty, praised Judge Daniel Collins holding that the state deprived parents of five private school students of their rights to have a choice in their children’s education when schools were shut down.
BREAKING NEWS— 9th Circuit just ruled against Gavin Newsom’s lockdown orders regarding schools, holding that the state deprived parents of five private school students of their rights to control their children’s education when it ordered all schools shut: https://t.co/ZgW7jMzJzc
— Harmeet K. Dhillon (@pnjaban) July 23, 2021
In response to the ruling, Newsom’s office insists that the order for all schools to close during the pandemic “was guided by science and data.”
“Throughout this once-in-a-lifetime pandemic, the state was guided by science and data – prioritizing the health and safety of students, staff, and their families while supporting schools to meet the needs of students and return to in-person learning quickly,” Newsom’s office told the Los Angeles Times. “All students are returning to full, in-person instruction next year, and the state is focused on ensuring that return is successful.”
Closing down schools for years on end is unacceptable to most parents. However this ruling did not make a decision as to whether public school closures are unconstitutional.
The Ninth Circuit judge said the courts have not yet recognized in-person learning as a “federal constitutional right,” indicating school may legally be taught online.