Press Release

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, MI, late last week, filed a lawsuit against West Virginia Governor Earl Tomblin and several state officials to stop the state’s implementation of Common Core and its participation in the Smarter Balanced Assessment Consortium (“SBAC”).  The lawsuit claims that West Virginia’s funding and participation in Common Core violates the U.S. Constitution, as well as federal and state laws that prohibit the federal government from usurping control over public school education.  The lawsuit was filed in the Kanawha Circuit Court in West Virginia on behalf of two West Virginia taxpayers.

The Thomas More Law Center (TMLC) is co-counsel in the case with D. John Sauer of the James Otis Law Group based in St. Louis, MO.  Two prominent West Virginia attorneys, Jeffrey Kimble and Ryan Kennedy of Robinson & McElwee, PLLC, are assisting as local counsel.

TMLC’s lawsuit seeks to stop West Virginia’s payment of membership fees of over $1.5 million per year on the grounds that SBAC, to which West Virginia is a member, is an unconstitutional compact because it was never approved by Congress. The Compact Clause of the United States Constitution provides that “[n]o state shall, without the consent of Congress . . . enter into any agreement or compact with another state.”

West Virginia’s SBAC membership agreement forces West Virginia schools to align their curriculum with Common Core.           

The two Plaintiffs named in the lawsuit, Angela Summers and Fred Dailey, are prominent members of West Virginia Against Common Core and for over two years have voiced deep concerns about their state’s participation in Common Core.

Summers has five grandchildren.    She began her battle against Common Core in 2013 over the new Common Core aligned math being taught to her grandchildren.  Her concerns grew as she became aware of the federal government’s intrusion into local classrooms, federalized collection of student data, and the requirement of excessive testing.  Summers says that the battle against Common Core is a battle “we cannot lose.  If we lose, we will lose our children.  If we lose our children, we will lose this nation.”

Dailey, who also has grandchildren, is an Environmental Engineer with a Masters degree. He worked as a Plant Manager for a major Chemical Manufacturing facility for 10 years prior to retiring. Dailey explains one of his reasons for getting involved in the lawsuit, “I strongly believe that the education of our children is best done locally with choices made by parents, teachers, and locally elected Boards of Education.”

The Thomas More Law Center and Sauer filed a similar lawsuit on behalf of state taxpayers against North Dakota officials five months ago.  A decision in that case is still pending.

Both the North Dakota and West Virginia lawsuits follow the success of a previous lawsuit filed by Mr. Sauer that stopped Missouri’s implementation of Common Core. That case is currently on appeal.  The Thomas More Law Center filed a friend of the court brief in support of upholding the Missouri district court decision.

Forty-three states initially joined either SBAC or the Partnership for Assessment of Readiness for College and Careers (“PARCC”), to implement Common Core under federal government oversight. However, several states have since canceled their membership due to growing opposition from parents and teachers.

Click here to read the full complaint

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented on behalf of the Law Center, “The unspoken agenda of Common Core is to undermine the fundamental right of parents to control the education of their children. It’s an insidious bureaucratic system in which the Federal Government takes control of what and how American students learn.  Teachers who complain about the Common Core are muzzled by threats of discipline or dismissal.”

In school districts across the country, administrators subject children, who obey their parents’ wishes and decline to participate in Common Core standardized testing, to unbelievable punishments.  Students have been suspended, refused entrance into their classrooms, refused bathroom privileges, stripped of their academic and extracurricular honors and awards, removed  from athletic participation, and punished with “sit-and-stare” policies. “Sit-and-stare” is a practice that forces students to sit at their assigned desk with no materials, books, or paper in silence for multiple hours during testing.

As a part of its efforts to help parents combat Common Core, the Thomas More Law Center developed a Test Refusal and Student Privacy Protection Form and a Common Core Resource Page as a general reference and guide.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Last week, the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, MI, obtained a federal court consent judgment against the City of Portland, Maine, which declared the City’s ordinance designed to prohibit pro-life counseling within 39-feet of any entrance, exit, or driveway to the Planned Parenthood clinic violated the First Amendment. U.S. District Court Judge, Nancy Torresen, entered the Consent Judgment October 8, 2015.

At the urging of Planned Parenthood, the Portland City Council enacted the 39-foot “buffer zone” in November 2013. The ordinance created a prohibited speech zone around the entire building that houses Planned Parenthood’s abortion clinic. As is typical throughout the nation, the abortion industry giant sought to silence pro-life opposition, and the consequent threat to its substantial profits, by shutting down the Free Speech rights of pro-life sidewalk counselors.

As a result, TMLC filed a federal lawsuit to halt Portland’s unconstitutional restriction of pro-life speech on behalf of pro-life advocates Daniel and Marguerite Fitzgerald, their teenage children, and fellow sidewalk counselor, Leslie Sneddon. Portland attorney, Stephen Whiting, assisted TMLC as local co-counsel.

The Fitzgerald Family and Leslie Sneddon are Christians who had been praying, counseling and offering pregnancy resource literature outside of the abortion facility for over a year before the enactment of the “buffer zone” ordinance. Their counseling activities are motivated by their sincere belief that abortion is the deliberate destruction of innocent human life. Close proximity to the abortion clinic permits them to speak to women considering abortion in a normal, conversational tone, and to offer them information about alternatives including adoption, as well as financial and emotional support.

In the middle of TMLC’s lawsuit, the U.S. Supreme Court on June 26, 2014, unanimously declared a Massachusetts state statue creating a 35-foot abortion clinic “buffer zone” an unconstitutional violation of Free Speech. Nevertheless, until the consent judgment obtained by TMLC last week, Portland had steadfastly refused to admit that its 39-foot abortion clinic “buffer zone” similarly violated the First Speech rights of TMLC’s clients. In fact, the October 8, 2015, judgment marked the first time the City of Portland admitted that its “buffer-zone” ordinance was a violation of Plaintiffs’ First Amendment rights, and agreed to pay nominal damages to the Plaintiffs in recognition of the violation.

TMLC’s attorney handling the case, Erin Kuenzig, commented on the consent judgment, “The City of Portland enacted its ordinance because it didn’t like the message pro-lifers were communicating outside of the City’s Planned Parenthood abortion clinic.  There was never any legitimate reason for banning peaceful, law-abiding citizens from using the entire public sidewalk surrounding the downtown building that houses Planned Parenthood.  Hopefully, this judgment will deter the City from trampling the constitutional rights of its citizens in the future.”

Portland’s Ordinance permitted Planned Parenthood employees to remain in the prohibited speech zone, but banned anyone wishing to engage in pro-life counseling. This enabled Planned Parenthood escorts to surround women entering the clinic, and prevent pro-life counselors from offering any information about abortion alternatives. The City of Portland’s unconstitutional ordinance assured that the only message women entering the abortion clinic could receive would come from Planned Parenthood, the largest abortion business in the country.

The mission of the Thomas More Law Center is to: Preserve America’s Judeo-Christian heritage; Defend the religious freedom of Christians; Restore time-honored moral and family values; Protect the sanctity of human life; Promote a strong national defense and a free and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

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ANN ARBOR, MI – The North Dallas Chapter of Overpasses for America and its leader Valerie Villarreal, yesterday, obtained a federal court consent judgment against the City of Dallas, Texas, which declared that the Dallas city ordinance prohibiting demonstrations on city overpasses violated their constitutionally protected First Amendment rights.

The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, filed a federal lawsuit on behalf of the plaintiffs in August 2014, challenging the enactment of the ordinance which restricted the plaintiffs’ right to demonstrate and display signs calling for the impeachment of President Obama and the end to illegal immigration on city overpasses over designated highways.

U.S. District Judge David Godbey for the Northern District Court of Texas entered the consent judgment, marking the first time that the City of Dallas admitted its ordinance was an unconstitutional restriction on freedom of speech and freedom of assembly.

Erin Mersino, TMLC Senior Trial Counsel handling the case, commented, “It is a good day for free speech. Overpasses for America and Valerie Villarreal may now resume their important demonstrations without fear of being fined or retaliated against by the City.”  

In November 2014, just three months after TMLC filed their initial lawsuit against the city, the Dallas City Council voted to repeal the ordinance. During the repeal process, however, the City refused to acknowledge that the ordinance unconstitutionally attacked Free Speech that criticized President Obama and the flood of illegal immigration encouraged by the Obama administration’s complete disregard of federal immigration laws. The judgment entered by the District Court, however, specifically declares that the Dallas ordinance was a violation of Overpasses for America’s First Amendment rights to free speech and free assembly. The judgment also awarded nominal damages as requested by the Plaintiffs in recognition of the City of Dallas’ violation of the Overpasses members’ Free Speech and Freedom of Assembly rights, and provided a settlement amount for attorneys’ fees and costs.

Before the enactment of the City’s ordinance, the North Dallas Chapter of Overpasses for America had held over 75 demonstrations on the pedestrian overpasses in Dallas, without a single traffic incident. Nevertheless, the City Council moved forward with the restrictive ordinance under the guise that it was necessary for public safety.

Overpasses for America is a nonpartisan grassroots movement that calls for accountability among our nation’s leaders. Overpasses for America demonstrators frequently use pedestrian overpasses to spread their messages and to reach a large and diverse audience. Several cities, however, have sought to silence these concerned citizens.

Richard Thompson, President and Chief Counsel of TMLC, stated: “The concerns of a majority of Americans on crucial public issues have little impact on the Washington political establishment. That’s why it’s so important to defend the free speech rights of grassroots organizations like Overpasses for America, whose members feel it’s their patriotic duty to get their message out and mobilize their fellow citizens.”

TMLC is currently representing two plaintiffs in a case challenging a similar ordinance in the Town of Campbell, Wisconsin—that case is currently pending before the U.S. Seventh Circuit Court of Appeals.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Continuing its national battle against the federal government’s attempted takeover of public education, the Thomas More Law Center, last week, filed a friend of the court brief in the Missouri Court of Appeals supporting a lower court decision that held the State’s participation and membership in the Smarter Balanced Assessment Consortium (“SBAC”) is illegal and SBAC itself is an “unlawful interstate compact … whose existence and operation violate[s] the Compact Clause of the U.S. Constitution.”

The lower court ruling which stopped Missouri from paying over $4 million in membership fees to SBAC, is being appealed by Missouri state officials, including Governor Jay Nixon.

The original lawsuit was filed by D. John Sauer of the St. Louis, Missouri, firm Clark & Sauer, LLC in September 2014 on behalf of concerned Missouri residents and taxpayers.

The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, joined with Mr. Sauer in filing a similar lawsuit challenging the constitutionality of SBAC in North Dakota. A North Dakota District Judge will hear arguments next week on whether he should stop North Dakota from participating in SBAC. 

The TMLC first became involved in the fight to stop Common Core in response to concerns of parents and teachers over the federal government’s control of curriculum nationwide and the standards themselves. As a result, the TMLC previously developed a Test Refusal and Student Privacy Protection Form and a Common Core Resource Page as a general reference and guide for concerned parents and individuals.

Both SBAC and the Partnership for Assessment of Readiness for College and Careers (“PARCC”) were created in response to a federal Department of Education grant program designed to create academic assessments aligned to the Common Core State Standards. The assessments leave local schools little choice but to align their curriculum to the standards and assessment, allowing the federal Department of Education to effectively control public education.

SBAC’s state membership agreements, executed by officials in Missouri, North Dakota, and several other states, have raised concerns that state officials are handing over local educational decisions to SBAC, and by extension the federal government which violates federal statutes prohibiting the federal government—and, in particular, the federal Department of Education—from controlling educational policy, including curriculum decisions and educational-assessment programs in elementary and secondary education.

The new wave of testing ushered in by SBAC and PARCC sparked a national opt-out movement as students, teachers and administrators grapple with the heavy burden created by these assessments. The looming threat from the Department of Education of the loss of federal funding helped drive the controversy between parents and school administrators over parental opt-outs and test refusal. As a result of these parental opt outs, students across the country were  formally disciplines and subjected to “sit-and-stare” policies; refused admittance to the classroom; lost honors, class trips, and athletic participation; and were even suspended.

 Click here to read the Law Center’s friend of the Court Brief

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Responding to the concerns of parents and teachers over the Common Core State Standards and the Federal government’s control of curriculum nationwide, the Thomas More Law Center announced today that it has joined in filing a lawsuit against North Dakota’s governor, state superintendent and other state officials.  The lawsuit claims that North Dakota’s participation in the Smarter Balanced Assessment Consortium (“SBAC”) and its implementation of Common Core is unconstitutional and violates several federal laws that prohibit federal control of our public schools and their curriculum.  

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed-up with attorney D. John Sauer of the St Louis, MO firm, Clark & Sauer, to file the lawsuit. This lawsuit follows Sauer’s success in stopping Missouri’s membership in SBAC on similar grounds.  Bismarck, ND Attorney, Arnold Fleck, has agreed to assist in the lawsuit as local counsel.

Plaintiffs in the case, who are all North Dakota residents and state taxpayers, include: Steve Cates, Catherine Cartier, Charles Cartier, and Robert Skarphol, who is also an elected member of the North Dakota House of Representatives.   

The Compact Clause of the United States Constitution provides that “[n]o state shall, without the consent of Congress . . . enter into any agreement or compact with another state.” As the Smarter Balanced Consortium is an interstate compact which Congress did not authorize, its existence is a violation of the Constitution. Accordingly, North Dakota’s membership in the Consortium and membership fee payments of over a half million dollars per year, equate to participation in and funding of an illegal entity. 

 In addition to violations of the Compact Clause, SBAC also violates laws enacted by Congress.  For nearly fifty years, federal statutes have prohibited the Federal Government—and, in particular, the federal Department of Education—from controlling educational policy, including curriculum decisions and educational-assessment programs in elementary and secondary education.

Although an increasing number of governors and state legislatures have expressed reservations about Common Core, a majority of states still belong to either SBAC or the Partnership for Assessment of Readiness for College and Careers (“PARCC”), both directed by the Federal Government.

North Dakota’s agreement to participate in the Smarter Balanced Assessment Consortium leaves North Dakota schools little choice but to align their curriculum to meet the imposed national standards and assessments, allowing the federal Department of Education to effectively control public education in North Dakota.

Click here to read the full complaint

Moreover, mounting criticism by parents, teachers, and a growing number of political leaders, has prompted SBAC, PARCC and the federal Department of Education to make it difficult to withdraw from participation in a testing Consortium and statewide testing by threatening increased restrictions and loss of federal funding. The threat of loss of federal funding helped drive a growing controversy between parents and school administrators over parental opt-outs and test refusal.

Across the country, many parents, after often drawn-out battles, still saw their children subjected to “sit-and-stare” policies; suspensions; loss of honors, class trips, and athletic participation; or refused admittance to the classroom as a result of the opt-out. “Sit-and-stare” is a practice of certain school districts forbidding students who opt-out of testing from working on any schoolwork during testing hours and requiring that the students do nothing and possess no materials.  The students must sit in total silence and do nothing while the testing takes place. 

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented on the federalized control of public education: “States have surrendered their sovereignty over public education in exchange for federal dollars.  Membership in SBAC requires the adoption of Common Core; and as the standards are Common Core and the exams are Common Core, so the local curriculum must also be Common Core.”

The testing associated with Common Core and created by SBAC, and its companion consortium PARCC, remains one of the most contentious issues between parents and educators. The tests have been heavily criticized for issues ranging from their lack of validity and transparency to appropriateness and data collection, as well as the amount of stress they inflict upon students and teachers.

 The new wave of testing ushered in by SBAC and PARCC has sparked a national opt-out movement as students, teachers and administrators grapple with the heavy burden created by these assessments. As schools and teachers are evaluated based on these exams, the exam is increasingly becoming the only curriculum.

As a result, the Thomas More Law Center previously developed a Test Refusal and Student Privacy Protection Form and a Common Core Resource Page as a general reference and guide for concerned parents and individuals.

In a nutshell, SBAC’s existence, purpose, function, activities, governance, and manner of operation violates the Compact Clause of the U.S. Constitution, and federal statutes guaranteeing state and local control of curriculum, programs of instruction, and related matters in public schools.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.