DOJ argues New Mexico school COVID-19 restrictions violate Equal Protection Clause News
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DOJ argues New Mexico school COVID-19 restrictions violate Equal Protection Clause

The US Department of Justice (DOJ) filed a statement of interest in the US District Court for the District of New Mexico on Monday alleging that a rule imposing more strict COVID-19 capacity requirements on private schools than public schools violates the Equal Protection Clause of the Constitution.

New Mexico’s COVID-19 rules limit public school capacity to 50 percent while limiting private school capacity to 25 percent. This stricter requirement has caused some private schools to close for live instruction as they cannot accommodate their students at such a low capacity restriction.

In Troxel v. Granville, the US Supreme Court recognized educational choices as a fundamental right. The DOJ is arguing that COVID-19 restrictions should be applied equally across all schools without penalizing private school children.

The DOJ states that this restriction “must be supported by a compelling government interest, pursued through the means that are no more restrictive on that right than necessary,” or else it cannot stand.

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