Espinoza v. Montana Department of Revenue

And in cert grant news: IJ is going back to the Big Show next term. In 2015, Montana legislators enacted a tax-credit scholarship program that enables low-income families to send their kids to private schools. (Individuals and businesses who donate to private scholarship organizations are eligible for a $150 tax credit. The scholarship organizations then give the donations to families.) But last year, relying on the state’s “Blaine Amendment” (a relic of 19th-century anti-Catholic bigotry (that 36 other states also still have in their constitutions)), the Montana Supreme Court invalidated the program because it allows families to send their kids to religious schools. Today, the U.S. Supreme Court agreed to consider whether that violates the Establishment Clause, the Free Exercise Clause, or the Equal Protection Clause. Read more here. And check out the cert petition here.

Tags: 2019, Equal Protection Clause, Establishment Clause, Free Exercise Clause, School Choice, Supreme Court

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