The Status of Use-Based Exclusions & Educational Choice After Espinoza

In this article, Michael Bindas discusses the U.S. Supreme Court’s decision in Espinoza v. Montana Department for Revenue, in which the Court held that states cannot bar families participating in educational choice programs from choosing religious schools for their children. The article focuses not only on what the Court decided in Espinoza, but also on the questions it left open. Finally, the article identifies what the next legal battles in the educational choice movement are likely to be and what Espinoza portends for them.

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