As always, you can find the Dobbs v. Jackson decision here.

Paragraph 5 of 8

Sentence 1 of 2

I count two claims in the next sentence:

“Finally, in West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943), after the lapse of only three years, the Court overruled Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940), and held that public school students could not be compelled to salute the flag in violation of their sincere beliefs.”

I’m curious about the use of the word “finally” here. Is this the last time the Court overruled a major decision (until Dobbs itself, that is)? Or is it just the last example the Dobbs Court intends to bring to this line of argument. My guess is the latter, but the former amuses me. Because I’m easily amused.

Anyway, here are the claims:

• “[I]n West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943) [. . .] the Court overruled Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940)”
• “[I]n West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943) [. . .] the Court [. . .] held that public school students could not be compelled to salute the flag in violation of their sincere beliefs.”

I probably could have counted that as one claim, but I feel like being granular here. I probably haven’t been very consistent with that, but this is just a first pass, after all.

Anyway . . . here’s the Barnette decision on page 642:

“The decision of this Court in Minersville School District v. Gobitis, and the holdings of those few per curiam decisions which preceded and foreshadowed it, are overruled, and the judgment enjoining enforcement of the West Virginia Regulation is

Affirmed.”

Claim one is clearly true. The paragraph immediately preceding what I just quoted, also on page 642 of Barnette, says:

“We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power, and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”

The second claim is also true. These claims are true:

• “[I]n West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943) [. . .] the Court overruled Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940)”
• “[I]n West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943) [. . .] the Court [. . .] held that public school students could not be compelled to salute the flag in violation of their sincere beliefs.”