School Choice and Separation of Church and State

This week, the Supreme Court heard arguments in Espinoza v. Montana Department of Revenue – a case that may have major implications for the free exercise of religion and the future of school choice and public education. The lawsuit asks whether Montana violated the federal constitution when it terminated a program that gave tax breaks to people who donated to a scholarship fund, which was used by students attending both religious and secular private schools. Our guests explain the technicalities of the case, and how it squares with some of the Court’s key decisions on the separation of church and state. Host Jeffrey Rosen is joined by Michael Bindas – a senior attorney with the Institute for Justice (IJ), the group representing the parents who filed suit after the program was terminated – and Alice O’Brien – General Counsel at the National Education Association (NEA), who’s written about the case for SCOTUSblog.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.