Mirabelli v. Bonta reveals the Supreme Court’s dangerous expansion of judicial power
Vox’s Ian Millhiser argues that Mirabelli v. Bonta marks a dangerous expansion of judicial power by grounding a California public-education policy in substantive due process, effectively forcing teachers to disclose a student’s gender identity to parents even if the student wishes to keep it private. He warns that substantive due process has repeatedly been used to rewrite law from Lochner to Roe, calling it a “One Ring” that tempts justices to impose personal preferences. The piece also suggests the ruling could create unworkable obligations for schools and threaten public education, while highlighting concerns about religious liberty and the cyclical nature of Court power.
