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.
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Michael Bindas is a senior attorney with the Institute for Justice (IJ), the group representing the Petitioners who originally brought the lawsuit in this case. He litigates in courts nationwide to protect freedom of speech, economic liberty, educational choice and other individual liberties.
Alice O’Brien is General Counsel at the National Education Association (NEA), the nation’s largest professional employee organization committed to advancing the cause of public education across the country. She’s the author of a SCOTUSblog piece on this case, arguing for the deference due state constitutional protections for public education.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources
- Espinoza v. Montana Department of Revenue oral argument transcript
- Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)
- Zelman v. Simmons-Harris (2002)
- Griffin v. School Board of Prince Edward County (1964)
This episode was engineered by Dave Stotz with editing by Greg Scheckler and producer Jackie McDermott. Research was provided by Lana Ulrich and Michael Markus.
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