The Institute for Justice (IJ) submitted an amicus brief in a case before the Mississippi Supreme Court, asking it to preserve the state legislature’s discretion to establish educational choice programs that provide support to Mississippi school children. 

The case has its origins in a program the Legislature enacted to provide assistance to nonpublic schools. The Chancery Court of Hinds County struck down the program on the grounds that Section 208 of the Mississippi Constitution bars the Legislature from appropriating money to nonpublic schools.  

IJ’s brief does not take a position on whether the lower court’s ruling was correct. Instead, IJ’s brief asks the Mississippi Supreme Court to make clear that regardless of whether the Legislature can provide institutional aid to nonpublic schools, it can provide individual aid to students attending nonpublic schools.