School Choice Defeats Anti-Catholic Bigotry 5–4 at the Supreme Court

Montana resident Kendra Espinoza poses in front of the white marble court building with her daughters in Washington, D.C., January 19, 2020. (Will Dunham/Reuters)
What should be shocking is that the decision was 5–4.

NRPLUS MEMBER ARTICLE T oday’s Supreme Court decision in Espinoza v. Montana Department of Revenue, allowing Montanans to use generally available private-education tax credits for religious as well as non-religious schools, really should not have been a hard one. The Court’s precedents since the 1940s have increasingly defended the right of religious believers and institutions to receive government aid on an equal footing with non-religious people and institutions. While Chief Justice John Roberts’s reasoning in Espinoza was characteristically modest, the case also likely marks a long-overdue death blow to openly anti-Catholic Blaine amendments adopted by many states in the 1870s and 1880s and defended

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