Testimony of Professor Zalman Rothschild Before the House Subcommittee on Early Childhood, Elementary, and Secondary Education Regarding Mahmoud v. Taylor

On February 10, 2026, Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion at the Benjamin N. Cardozo School of Law, testified before the House Subcommittee on Early Childhood, Elementary, and Secondary Education of the House Committee on Education and Workforce. His testimony addressed the Supreme Court’s decision in Mahmoud v. Taylor and its implications for parental rights, religious liberty, public education, vaccination mandates, and compulsory schooling. Professor Rothschild situates Mahmoud within the broader constitutional tradition shaped by Pierce v. Society of Sisters, West Virginia Board of Education v. Barnette, and Wisconsin v. Yoder, arguing that the decision departs from longstanding limits on parental opt-out rights. He warns that expanding constitutionalized parental exemptions may undermine public health laws, compulsory education requirements, and the stability of public institutions.