What SCOTUS Missed About Blaine Amendment Case

What SCOTUS Missed About Blaine Amendment Case
Bac Totrong/Daily News via AP

On Wednesday, the Supreme Court heard oral arguments for Espinoza v. Montana Department of Revenue. In this case, three mothers are suing the state of Montana over access to a now-defunct school choice program that used tax credits to fund private school vouchers. They hoped to send their children to religious schools, but the Montana Constitution forbade public funds from going toward religious organizations, including parochial schools.

The Espinoza plaintiffs are backed by a bevy of powerful conservative organizations. Major school-choice and private education advocates including the Cato Institute, the Council for American Private Education and the Billy Graham Evangelistic Association have filed amici curiae briefs supporting the plaintiffs arguing that prohibiting religious schools from getting public aid is a violation of the First Amendment.

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