Equal Rights in Education

For John, BLUF:  I worrry that the COVID-19 Panic will distract us from the needed effort to improve school performance and student outcomes  Already, here in Massachusetts, we have kicked MCAS down the road several years.  Nothing to see here; just move along.

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DOJ JOINS CHALLENGE TO NEW MEXICO’S RESTRICTION ON PRIVATE SCHOOL OPENINGS

From Power Line, by Mr Psaul Mirengoff, 21 September 2020.

Here is the lede plus two:

In response to the Wuhan coronavirus, New Mexico has limited the capacity at which schools are allowed to operate. Public schools are permitted to operate at 50 percent of capacity. Private schools are allowed to operate only at 25 percent.

Given this severe limitation on its ability to operate, one academy decided not to open, but instead to rely on instruction online. The father of a student at that school filed a lawsuit alleging that New Mexico violates the Equal Protection Clause of the U.S. Constitution by using one rule for public schools and another for private ones.

Today, the Justice Department filed a statement of interest in the case. It argues that under Supreme Court law, parents’ educational choices for their children are a fundamental constitutional right, and that New Mexico has no grounds for abridging that right by adopting stricter rules for private schools than for public schools.

I wonder what is the local New Mexico politics involved here.  Is this the result of Public School Teachers Unions trying to cut back on the competition?  Otherwise it doesn't make much sense.

Hat tip to the InstaPundit.

Regards  —  Cliff