David Hodges is an attorney on IJ’s Educational Choice Team. David defends educational choice programs in court and heads IJ’s efforts to enact educational choice laws. He was also a member of the IJ team that successfully argued the landmark educational choice case Espinoza v. Montana Department of Revenue before the United States Supreme Court.
Prior to joining IJ, David cofounded the Governor’s STEM Scholars, an educational nonprofit program, and worked for Washington Post columnist Charles Krauthammer. Following law school, he worked at the law firm Winston & Strawn. David has been interviewed on PBS and NPR, quoted in the New York Times, and published in National Journal, Commentary, Star–Ledger, Weekly Standard, and the Ocean and Coastal Law Journal. He frequently speaks about educational issues at conferences and law schools.
David's Cases
Educational Choice | Publicly Funded Scholarships
Alaska School Choice
As a sparsely populated state, Alaska faces unique challenges in ensuring that all children can receive an education. To address this concern, the state created “correspondence programs,” in which a student’s public school used the…
Educational Choice | Publicly Funded Scholarships
New Hampshire School Choice
New Hampshire families are poised to defend the state’s Education Freedom Accounts (EFA) from a legal challenge.
Ohio School Choice
Two of Ohio’s most popular educational choice programs are under attack. This IJ suit seeks to defend these programs, which tens of thousands of Ohio students depend on.
Vermont Parents Sue State Over Unconstitutional School Choice Policy
Vermont has one of the most robust school choice programs in the country, but there is one massive exception. The state does not provide the tuition benefit for parents who want to send their children…
Educational Choice | Publicly Funded Scholarships
Tennessee Parents Intervene in Court to Defend ESA Program
In 2019, Tennessee enacted an Education Savings Account that helped thousands of low-and-middle-income students receive a quality education. A year later, the mayor of Nashville announced a lawsuit attacking the program. A group of Tennessee…
Educational Choice | Tax Credit Scholarships
Montana Moms Seek to Restore School Choice Program that was Struck Down for Including Religious Options
On June 30, 2020, the U.S. Supreme Court decided one of the most important education reform cases in the past half-century. This landmark case held that the U.S. Constitution does not allow states to discriminate…
David's Research & Reports
Educational Choice
12 Myths and Realities About Private Educational Choice Programs
Educational choice programs—defined broadly as programs that provide parents with financial aid to help their children opt out of the traditional public school system—are a hallmark of meaningful educational reform. Yet despite widespread news coverage…
David's Amicus Briefs
Mississippi Department of Finance and Administration, et al. v. Parents for Public Schools
Mississippi Supreme Court
FIRE v. Victim Rights Law Center
U.S. Supreme Court
David's News, Articles & Publications
Liberty & Law Article
