ENS:
1. NY has no such legal ability.
2. Subpoena whom? The Yeshivos do not have income information of their graduated students.
Additionally, the Yoder case doesn’t have any criteria to claim that educational exception other than the expression of sincerely held religious beliefs.
3. Because if you want to argue the Yeshivos, AS IS today, are producing a worse outcome DUE TO their lack of a more serious secular studies curriculum, then the Yeshivos can use whichever demographic of their choice that does have a compliant secular program to compare themselves to.
4. The justices are simply describing the various attributes of the Amish community. The decision, though, is a binding precedent even for others who do not share every attribute of the Amish community.
5. Firstly, you’re again attempting to extrapolate data from NS to non-NS Jews. You cannot.
Secondly, NS is generally two parent families with one working parent and one stay at home parent. The secular world is generally both parents (or “partners”, at they’re often living together unmarried with children) are working; and sometimes even their 18+ year old children are in the workforce, for a third (or more) income. So with one working parent in NS, they can still be earning more INDIVIDUALLY, even though your statistics are combining all working adults in the family to produce a higher income per secular family.
Thirdly, your KJ data shows a very nice income compared to the Bronx, even if it is a bit below average. That makes my case much more than yours. Especially, combined with my previous point under “Secondly”.
Fourthly, we both know that there’s more cash income not reflected in the statistics. (Take the moral discussion to a new thread. But note that in court divorce proceedings, the court WILL count off-the-books income in determining asset separation, child support, alimony, etc, without engaging in a moral or criminal outlook.) Look at the quality of the homes, the material possessions, how they’re dressed and the relatively lavish and frequent simchos made even by the average citizen in those two upstate towns compared to the Bronx.
Yes, these Jews are definitely making more money than their Bronx public school graduating compatriots.
And the burden to prove otherwise is on the anti -Yeshiva forces if they think they can take away the Jews and the Yeshivos constitutional rights as outlined by SCOTUS in Yoder. The Yeshivos and the Jewish community do not have to prove they did lose those constitutional rights of freedom of religion as it pertains to education.