Writing for Politico, Aaron Tang highlights two Supreme Court cases that could change public education as we know it.
The first case, Oklahoma Statewide Charter School Board v. Drummond, poses the question of whether the 46 states with charter schools must offer public funds to schools that would teach religious doctrine as truth. The second case, Mahmoud v. Taylor, involves the claim that religious parents should have a right to opt their children out of controversial public school curricula.
Taken together, Drummond and Mahmoud threaten the twin cornerstones of the American education system that Brown affirmed six decades ago: Since Brown, America’s public schools have operated under a norm of inclusive enrollment, and they’ve offered all children a shared curriculum that reflects the values that communities believe are essential for civic participation and economic success.
If the court tears down these foundational norms, the schools that remain in their wake will be a shell of the democracy-promoting institution the court itself has long lionized — and that healthy majorities of parents continue to support in their local neighborhoods. And although there’s a way to avoid the worst outcome in both cases, the path ahead is uncertain: It will require the court to follow history in an evenhanded manner (in Drummond) and progressives to accept a middle ground (in Mahmoud).
The legal challenges presented in Drummond and Mahmoud did not arise out of thin air. They are part of a long-term conservative movement strategy aimed at eroding public education.
A major component of this strategy has been a consistent call to fund school choice, a broad umbrella term that encompasses various programs such as school vouchers and educational savings accounts that channel taxpayer dollars away from traditional public schools and into private ones. Drummond’s call for a constitutional right to taxpayer-funded religious education can thus be thought of as a major front in Project 2025’s “core principle” of “significantly advanc[ing] education choice.”