1/ How bad is June Medical? So bad, even the Thomas dissent, which I endorse w/o additional reservation, contains a flaw. He lists Pierce v Soc of Sisters as an exemple of dubious 3rd party standing. W respect, I do not think it was. The Sisters...
2/ & companion-plaintiff for-profit priv schl) were defending their own right to exercise the hon.&lawful profession of teacher. The Pierce Ct added a welcome dictum about parent rights, which for decades has been featured on the website & stationery of @HSLDA, but the case...
3/ was about the right to exercise the profession of teacher free from arbitrary and oppressive restrictions. If that makes Pierce sound like Lochner - well, it was, and there are 3 conclusions you can draw:
4/ A. Pierce was wrongly decided bc Harlan in Lochner; B. Lochner was rightly decided; or C. Lochner was wrong bc Harlan but Pierce was a correct application of a principle that Lochner rightly adopted but applied wrongly.
