Texas Governor Greg Abbott, in response to Joe Biden’s DHS Secretary canceling former President Trump’s immigration policies, which has led to the invasion at the Texas/Mexico border, has announced he is now looking into having another federal law overturned at the Supreme Court.
In the leaked draft by the Supreme Court ending ROE v. Wade, which would send the decision of abortion back to the states, the reasoning included in Justice Alito’s majority opinion may be the argument the TX state Attorney General uses in their future case.
The Austin American-Statesman reports that Abbott on Wednesday said Texas “will resurrect” a 1982 Supreme Court case requiring states to provide free public education to all children, including the children of undocumented immigrants.
“Texas already long ago sued the federal government about having to incur the costs of the education program, in a case called Plyler vs. Doe,” Abbott said on a conservative talk radio show. “And the Supreme Court ruled against us on the issue. … I think we will resurrect that case and challenge this issue again because the expenses are extraordinary and the times are different than when Plyler versus Doe was issued many decades ago.”
Public education has been increasingly targeted by the left for advancing sex, gender, and racial issues. In response, conservative candidates running in contested primaries have been hammering the issues of critical race theory (CRT) and gender education in state-run schools while promoting school choice and private school options.
State legislatures are passing bills to prevent social justice activist teachers from grooming the children. They argue that parents should be the ones controlling curriculums, not the national teachers union.
The backlash has grown to the point that some on the right are questioning whether public schools should exist at all.
Conservatives control the Supreme Court by a 6-3 margin.
Justice Alito’s draft decision on Roe specifically referenced both Lawrence v. Texas, which legalized sodomy, and Obergefell v. Hodges, which legalized same-sex marriage, saying that “none of these rights has any claim to being deeply rooted in history.”
Abbott, meanwhile, framed the potential of overturning Plyler v. Doe as a way to lessen the costs of educating undocumented immigrants.
The Democrats are concerned overturning Plyer v. Doe may result not just in relief for the overburdened school system but that it could also create a pathway for the eventual closure of the schools.
Abbott is one of the nation’s most proactive conservative governors, and though he may be the first to suggest axing Plyler vs. Doe, other Republican governors, statehouses, and national administrations are sure to follow his lead if successful.
They already did so with the state’s abortion ban.
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