
Charter Day School v. Peltier is a case that has no business being in front of the Supreme Court, and yet, there's a very good chance it will get one of the few precious slots for arguments before the year is out. On its surface, the case is over a matter that the Supreme Court has, before now, largely treated as beneath their attention: Dress codes in secondary education.
The case was initially decided last summer by the Fourth Circuit Court, which found that it's gender discrimination to force junior high girls to wear skirts while boys are allowed to wear pants. That finding should be obvious and unassailable, yet court watchers are deeply worried that the Supreme Court will take it up soon, and not just because of Justice Samuel Alito's nostalgia for girls in knee socks and plaid skirts.