A Supreme Bench Slap

The Supreme Court has struck down California’s covid regulations limiting home Bible studies and prayer meetings. The per curium opinion closes with these words—

This is the fifth time the Court has summarily rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise. … And historically, strict scrutiny requires the State to further “interests of the highest order” by means “narrowly tailored in pursuit of those interests.” Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 546 (1993) (internal quotation marks omitted). That standard “is not watered down”; it “really means what it says.”

The decision was 5-4, with Roberts in the minority.

Don’t Know Much About History

The Volokh Conspiracy reports on yesterday’s decision by the 9th Circuit in Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholding a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. This shows a lack of historical awareness all around.

The original purpose of Cinco de Mayo is a commemoration of the Battle of Puebla which was fought on 5 May, 1862. The Battle was a Mexican victory over an invading French Army. It is not Mexico’s Independence Day. That’s 16 September. It isn’t even a national holiday in Mexico.

I wonder if the Morgan Hill Unified School District allows French flag t-shirts on 5 May?