Espinoza v. Montana Department of Revenue

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-1195	Mont.	Jan 22, 2020	Jun 30, 2020	5-4	Roberts	OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel on an amicus brief in support of the respondents in this case.

Holding: The application of the Montana Constitution’s “no-aid” provision to a state program providing tuition assistance to parents who send their children to private schools discriminated against religious schools and the families whose children attend or hope to attend them in violation of the free exercise clause.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 30, 2020. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed a concurring opinion. Justice Gorsuch filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Kagan joined. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined as to Part I. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

Symposium: A takedown of the Blaine Amendments (James Hirsen, July 2, 2020)
Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination? (Holly Hollman, July 2, 2020)
Symposium: Espinoza, funding of religious service providers, and religious freedom (Thomas Berg and Douglas Laycock, July 1, 2020)
Symposium: What “play in the joints” remains after Espinoza? (Grant Sullivan, July 1, 2020)
Symposium: Clarity in an era of confusion -- The Supreme Court will not tolerate hostility to religion (Mithun Mansinghani, July 1, 2020)
Symposium: RIP state “Blaine Amendments” - Espinoza and the “no-aid” principle (Steven Green, June 30, 2020)
Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools (Amy Howe, June 30, 2020)
Live blog of opinions (Update: Completed) (Kalvis Golde, June 30, 2020)
2020 Supreme Court Preview presented by Casetext (part two) (SCOTUStalk, February 21, 2020)
A "view" from the courtroom: The daily grind (Mark Walsh, January 22, 2020)
Argument analysis: Justices divided in Montana school-choice case (Amy Howe, January 22, 2020)
Argument preview: Justices to consider dispute over tax credits for scholarships (Amy Howe, January 15, 2020)
Court releases January calendar (Amy Howe, November 8, 2019)
Symposium: Stripping church-state separation to the bone? The Supreme Court considers mandatory government funding of religious education (Daniel Mach, September 19, 2019)
Symposium: Anti-Catholic Blaine Amendments like Montana’s are presumptively unconstitutional (Eric Rassbach, September 19, 2019)
Symposium: Espinoza v. Montana Department of Revenue: The battle between may fund and must fund (Frank Ravitch, September 18, 2019)
Symposium: Principles or improvisations? Why (and how) the justices should reject anti-religious discrimination (Richard Garnett, September 18, 2019)
Symposium: The deference due state constitutional protections for public education (Alice O'Brien, September 17, 2019)
Symposium: Do Blaine Amendments create a public-school monopoly over moral education? (Jim Kelly, September 17, 2019)
Symposium: Justices to consider dispute over tax credits for scholarships (Amy Howe, September 16, 2019)
Symposium: The new court and religion (Erwin Chemerinsky, July 26, 2019)
Symposium: The calm before the storm for religious-liberty cases? (Mark Rienzi, July 26, 2019)
Justices will weigh in on DACA termination (Updated) (Amy Howe, June 28, 2019)
Petitions of the week (Aurora Barnes, April 19, 2019)

Date	Proceedings and Orders (key to color coding)
Mar 12 2019	Petition for a writ of certiorari filed. (Response due April 15, 2019)
Apr 04 2019	Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
Apr 08 2019	Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
Apr 11 2019	Brief amicus curiae of Agudath Israel of America filed.
Apr 11 2019	Brief amicus curiae of Alliance for Choice in Education filed.
Apr 12 2019	Brief amicus curiae of The Honorable Scott Walker filed.
Apr 12 2019	Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
Apr 12 2019	Brief amici curiae of EdChoice, et al. filed.
Apr 12 2019	Brief amici curiae of Christian Legal Society, et al. filed.
Apr 12 2019	Motion of Pioneer Institute for leave to file amicus brief not accepted for filing. (April 18, 2019 -- Corrected version submitted)
Apr 12 2019	Motion for leave to file amicus brief filed by Pioneer Institute, Inc. (4/18/2019)
Apr 12 2019	Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc.
Apr 15 2019	Brief amicus curiae of American Center for Law and Justice filed.
Apr 15 2019	Brief amicus curiae of Arizona Christian School Tuition Organization filed.
Apr 15 2019	Brief amicus curiae of Montana Family Foundation filed.
Apr 15 2019	Motion for leave to file amicus brief filed by The Cato Institute.
Apr 15 2019	Motion for leave to file amici brief filed by Liberty Justice Center, et al.
May 15 2019	Brief of respondents Montana Department of Revenue, et al. in opposition filed.
May 28 2019	Reply of petitioners Kendra Espinoza, et al. filed.
Jun 04 2019	DISTRIBUTED for Conference of 6/20/2019.
Jun 26 2019	DISTRIBUTED for Conference of 6/27/2019.
Jun 28 2019	Motion for leave to file amicus brief filed by The Cato Institute GRANTED.
Jun 28 2019	Motion for leave to file amici brief filed by Liberty Justice Center, et al. GRANTED.
Jun 28 2019	Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc. GRANTED.
Jun 28 2019	Motion for leave to file amicus brief filed by Pioneer Institute, Inc. GRANTED.
Jun 28 2019	Petition GRANTED.
Jul 02 2019	Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Jul 16 2019	Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including September 11, 2019.
Jul 16 2019	Blanket Consent filed by Petitioner, Kendra Espinoza, et al.
Jul 22 2019	Blanket Consent filed by Respondent, Montana Department of Revenue, et al.
Jul 23 2019	Motion for an extension of time to file respondents' brief on the merits filed.
Jul 29 2019	Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 8, 2019.
Sep 11 2019	Brief amicus curiae of Foundation for Moral Law filed.
Sep 11 2019	Joint appendix filed. (Statement of costs filed)
Sep 11 2019	Brief of petitioners Kendra Espinoza, et al. filed.
Sep 12 2019	Brief amicus curiae of Mackinac Center for Public Policy filed.
Sep 16 2019	Brief amicus curiae of American Center for Law and Justice filed.
Sep 16 2019	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Sep 16 2019	Brief amicus curiae of Pioneer Institute, Inc. filed.
Sep 16 2019	Brief amicus curiae of Opportunity Scholarship Fund filed.
Sep 17 2019	Brief amici curiae of EdChoice, et al. filed.
Sep 17 2019	Brief amicus curiae of The Cato Institute filed.
Sep 17 2019	Brief amicus curiae of The Honorable Scott Walker filed.
Sep 17 2019	Brief amici curiae of States of Oklahoma, et al. filed.
Sep 17 2019	Brief amici curiae of Montana Catholic School Parents, et al. filed.
Sep 18 2019	Brief amici curiae of Senators Steve Daines, et al. filed.
Sep 18 2019	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 18 2019	Brief amici curiae of Americans for Prosperity and yes. every kid. filed.
Sep 18 2019	Brief amicus curiae of The Rutherford Institute filed.
Sep 18 2019	Brief amicus curiae of United States filed.
Sep 18 2019	Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
Sep 18 2019	Brief amici curiae of Liberty Justice Center and American Federation for Children filed.
Sep 18 2019	Brief amicus curiae of Alliance for Choice in Education filed.
Sep 18 2019	Brief amicus curiae of Independence Institute filed.
Sep 18 2019	Brief amici curiae of Christian Legal Society, et al. filed.
Sep 18 2019	Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Sep 18 2019	Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
Sep 18 2019	Brief amici curiae of Rusty Bowers, Speaker of the Arizona House of Representatives, et al. filed.
Sep 18 2019	Brief amici curiae of Center for Education Reform, et al. filed.
Sep 18 2019	Brief amicus curiae of Montana Family Foundation filed.
Sep 18 2019	Brief amici curiae of Arizona Christian School Tuition Organization et al. filed.
Sep 18 2019	Brief amici curiae of Justice and Freedom Fund, et al. filed.
Sep 18 2019	Brief amici curiae of 131 Current and Former State Legislators filed.
Sep 18 2019	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
Sep 18 2019	Brief amicus curiae of Forge Youth Mentoring filed.
Oct 24 2019	Motion for Leave to File Brief As Amicus Curiae Out of Time of Agudath Israel of America not accepted for filing. (October 25, 2019)
Oct 24 2019	Motion for leave to file amicus curiae brief out of time filed by Agudath Israel of America.
Nov 08 2019	Brief of respondents Montana Department of Revenue, et al. filed.
Nov 08 2019	SET FOR ARGUMENT on Wednesday, January 22, 2020.
Nov 13 2019	Brief amici curiae of Freedom From Religion Foundation, et al. filed.
Nov 14 2019	Brief amicus curiae of Montana-Northern Wyoming Conference, United Church of Christ filed.
Nov 14 2019	Brief amici curiae of Montana Constitutional Convention Delegates filed.
Nov 14 2019	Brief amicus curiae of State of Maine filed.
Nov 14 2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 15 2019	Brief amici curiae of Religious and Civil-Rights Organizations, Americans United for Separation of Church and State, et al. filed.
Nov 15 2019	Brief amicus curiae of Public Funds Public Schools filed.
Nov 15 2019	Brief amici curiae of American Federation of Teachers, et al. filed.
Nov 15 2019	Brief amici curiae of National School Boards Association, et al. filed.
Nov 15 2019	Brief amici curiae of National Disability Rights Network, et al. filed.
Nov 15 2019	Brief amici curiae of Religion Law Scholars filed.
Nov 15 2019	Brief amicus curiae of Montana Association of Rabbis filed.
Nov 15 2019	Brief amici curiae of Colorado, et al. filed.
Nov 15 2019	Brief amicus curiae of Tennessee Education Association filed.
Nov 15 2019	Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed.
Nov 26 2019	CIRCULATED
Dec 03 2019	Record requested from the Supreme Court of Montana.
Dec 06 2019	Reply of petitioners Kendra Espinoza, et al. filed. (Distributed)
Dec 09 2019	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 10 2019	The record received from the U.S.D.C. Flathead County Dist. Court is electronically filed.
Jan 13 2020	Motion for leave to file amicus brief out of time filed by Agudath Israel of America DENIED.
Jan 22 2020	Argued. For petitioners: Richard D. Komer, Arlington, Va.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Adam G. Unikowsky, Washington, D. C.
Jun 30 2020	Judgment REVERSED and case REMANDED. Roberts C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., and Gorsuch, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion, in which Kagan, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined as to Part I. Sotomayor, J., filed a dissenting opinion.
Aug 03 2020	MANDATE ISSUED.
Aug 03 2020	JUDGMENT ISSUED.

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