Articles by Halle Wagner

Case Law

Carson v. Makin

November 15, 2021 Halle Wagner 0

In a 5-4 panel on June 30, 2020, the United States Supreme Court ruled to reverse and remand the Montana Supreme Court’s ruling on Espinoza v. Montana Department of Revenue. Thus, the Supreme Court concluded that tax-credit funded scholarships meant to help students attend private schools cannot exclude religious institutions from receiving funding simply because they are religious. However, next month on December 8, the Supreme Court will hear Carson v. Makin, a critical case concerning a challenge to the Maine Department of Education’s use of state tuition dollars to supplement nonsectarian schools. The justices will address the question of whether or not a state violates the constitution by operating a program providing students with money to attend private schools but inhibits them from attending schools providing religious instruction. As this question was left unresolved in Espinoza last summer, the Carson case demonstrates the potential to overturn the precedent set […]