In the Supreme Court of the United States
Kendra Espinoza, Jeri Ellen Anderson and Jaime Schaefer,
Montana Department Of Revenue, and Gene Walborn, In his official capacity as director of the Montana Department of Revenue,
On Petition For a Writ of Certiorari to the Montana Supreme Court
Brief Of ReasonFoundation, Edchoice, and The Individual Rights Foundation as Amici Curiae In Support Of Petitioners
The deep constitutional uncertainty manifested by the decision of the Montana Supreme Court and those of other federal and state courts, as outlined in detail in the petition, is limiting the ability or inclination of states to provide a full range of educational options for America’s children. Ultimately, Montana residents with extremely limited educational options are being denied the ability to provide a better education for their children due to this perhaps well-meaning but misguided interpretation of the First Amendment. If educational-choice programs were not working for families, it is unlikely that state legislators would have the will and constituent support to enact and expand them across the nation. Yet as religiously neutral student-aid programs grow in popularity with parents, the complexity and confusion of legal challenges facing legislators have also grown. This Court should grant the petition to provide legal clarity for the many states seeking to increase educational opportunities for all children.
The petition for a writ of certiorari should be granted.