Congress vs. Ninth Circuit

The Ninth Circuit Court of Appeals went too far this time, and the victims - parents and children in Palmvale, California- may not have to wait for the Supreme Court to overturn the ruling. Congress stepped in!

The House on Wednesday passed a resolution urging the Ninth Circuit to reconsider its ruling in Fields vs. Palmdale School District. This was the case in which the most liberal and most frequently overturned court in the country told parents they have no right to decide when sexual topics would be presented to their children at school.

In a decision that would have been more suited to the former Soviet Socialist Republic, the Court had said:

"Parents are possessed of no constitutional right to prevent
the public schools from providing information on that subject
to their students in any forum or manner they select."

The House of the United States of America disagrees. Its resolution stated:

"The fundamental right of parents to direct the education of
their children is firmly grounded in the Nation's Constitution
and traditions. [The court ruling] undermines the fundamental
right of parents to direct the upbringing of their children."

The resolution, of course, is nonbinding. But it sends a message, at a time when Congress is considering whether the Ninth Circuit should be split into two or even three different courts. Perhaps Congressional action should first be to eliminate the positions of the three judges who heard this case.

Just so you can keep track, the resolution was sponsored by Republican Representative Tim Murphy of Pennsylvania. It passed 320-91, with 22 representatives failing to cast votes - including House Minority Leader Nancy Pelosi, Democrat of California.