Church in School? In New York, A Judge Says 'Yes'
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It is hard to imagine that the second circuit won't swipe aside Preska's decision. But that anticipated result seems to be part of the plan. The ADF has already stated that it will then take the case back to the US supreme court, which declined to hear it several months ago.
If the supreme court decides to hear the case this time, and rules against the City, the resulting legal precedent may have vast consequences, burdening and weakening public education and all but mandating that every public school in America double as a house of worship. Preska's decision is bad for New York, and bad for public education.