Jones v. West Virginia State Board of Education

(Filed July 12, 2005)

The majority opinion strains to reach a wrong result.

There is not a shred of evidence that any home-schooled child would in any way do anything but enhance interscholastic athletics. I wish that the majority had not wanted to protect the convenience of coaches over the rights of children and parents.

I dissent, and I assert as grounds for that dissent the learned opinion by Circuit Judge Louis Bloom, who properly applied the applicable constitutional law. The reader can compare the majority opinion’s reasoning with Judge Bloom’s. Following is Judge Bloom’s opinion in the…