Supreme Court won’t revive lawsuit over DOJ school board memo

The Supreme Court won’t revive a lawsuit from parents in Michigan and Virginia who sued Attorney General Merrick Garland after he directed federal authorities to address threats against school board members and educators at public schools nationwide.

The lawsuit, filed in October 2021 by the conservative American Freedom Law Center (AFLC) on behalf of Loudoun County, Va., and Saline, Mich., parents, accused Garland of using federal law enforcement resources to “silence” parents who openly oppose “progressive” policies in public schools.

The parents asked the Supreme Court to determine whether they have standing to challenge Garland’s directive, which they said created a “chilling effect on their right to freedom of speech and reputational harm.” On Monday, the justices declined.

A memorandum Garland issued to the FBI and U.S. attorneys in early October 2021 spurred the parents’ lawsuit. In the memo, Garland noted a “disturbing” spike in threats to school administrators, board members, teachers and staff, and urged law enforcement to address the matter.

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