Espinoza v. Montana Department of Revenue
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 John Roberts on Jun 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.
Mar 12, 2019Petition for a writ of certiorari filed. (Response due April 15, 2019)Apr 4, 2019Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
Apr 8, 2019Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
Apr 11, 2019Brief amicus curiae of Agudath Israel of America filed.Apr 11, 2019Brief amicus curiae of Alliance for Choice in Education filed.Apr 12, 2019Brief amicus curiae of The Honorable Scott Walker filed.Apr 12, 2019Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.Apr 12, 2019Brief amici curiae of EdChoice, et al. filed.Apr 12, 2019Brief amici curiae of Christian Legal Society, et al. filed.Apr 12, 2019Motion of Pioneer Institute for leave to file amicus brief not accepted for filing. (April 18, 2019 -- Corrected version submitted)
Apr 12, 2019Motion for leave to file amicus brief filed by Pioneer Institute, Inc. (4/18/2019)Apr 12, 2019Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc.Apr 15, 2019Brief amicus curiae of American Center for Law and Justice filed.Apr 15, 2019Brief amicus curiae of Arizona Christian School Tuition Organization filed.Apr 15, 2019Brief amicus curiae of Montana Family Foundation filed.Apr 15, 2019Motion for leave to file amicus brief filed by The Cato Institute.Apr 15, 2019Motion for leave to file amici brief filed by Liberty Justice Center, et al.May 15, 2019Brief of respondents Montana Department of Revenue, et al. in opposition filed.May 28, 2019Reply of petitioners Kendra Espinoza, et al. filed.Jun 4, 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 26, 2019DISTRIBUTED for Conference of 6/27/2019.
Jun 28, 2019Motion for leave to file amicus brief filed by The Cato Institute GRANTED.
Jun 28, 2019Motion for leave to file amici brief filed by Liberty Justice Center, et al. GRANTED.
Jun 28, 2019Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc. GRANTED.
Jun 28, 2019Motion for leave to file amicus brief filed by Pioneer Institute, Inc. GRANTED.
Jun 28, 2019Petition GRANTED.
Jul 2, 2019Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.Jul 16, 2019Motion 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, 2019Blanket Consent filed by Petitioner, Kendra Espinoza, et al.Jul 22, 2019Blanket Consent filed by Respondent, Montana Department of Revenue, et al.Jul 23, 2019Motion for an extension of time to file respondents' brief on the merits filed.Jul 29, 2019Motion 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, 2019Brief amicus curiae of Foundation for Moral Law filed.Sep 11, 2019Joint appendix filed. (Statement of costs filed)Sep 11, 2019Brief of petitioners Kendra Espinoza, et al. filed.Sep 12, 2019Brief amicus curiae of Mackinac Center for Public Policy filed.Sep 16, 2019Brief amicus curiae of American Center for Law and Justice filed.Sep 16, 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.Sep 16, 2019Brief amicus curiae of Pioneer Institute, Inc. filed.Sep 16, 2019Brief amicus curiae of Opportunity Scholarship Fund filed.Sep 17, 2019Brief amici curiae of EdChoice, et al. filed.Sep 17, 2019Brief amicus curiae of The Cato Institute filed.Sep 17, 2019Brief amicus curiae of The Honorable Scott Walker filed.Sep 17, 2019Brief amici curiae of States of Oklahoma, et al. filed.Sep 17, 2019Brief amici curiae of Montana Catholic School Parents, et al. filed.Sep 18, 2019Brief amici curiae of Senators Steve Daines, et al. filed.Sep 18, 2019Brief amicus curiae of The Becket Fund for Religious Liberty filed.Sep 18, 2019Brief amici curiae of Americans for Prosperity and yes. every kid. filed.Sep 18, 2019Brief amicus curiae of The Rutherford Institute filed.Sep 18, 2019Brief amicus curiae of United States filed.Sep 18, 2019Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.Sep 18, 2019Brief amici curiae of Liberty Justice Center and American Federation for Children filed.Sep 18, 2019Brief amicus curiae of Alliance for Choice in Education filed.Sep 18, 2019Brief amicus curiae of Independence Institute filed.Sep 18, 2019Brief amici curiae of Christian Legal Society, et al. filed.Sep 18, 2019Brief amicus curiae of Jewish Coalition for Religious Liberty filed.Sep 18, 2019Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.Sep 18, 2019Brief amici curiae of Rusty Bowers, Speaker of the Arizona House of Representatives, et al. filed.Sep 18, 2019Brief amici curiae of Center for Education Reform, et al. filed.Sep 18, 2019Brief amicus curiae of Montana Family Foundation filed.Sep 18, 2019Brief amici curiae of Arizona Christian School Tuition Organization et al. filed.Sep 18, 2019Brief amici curiae of Justice and Freedom Fund, et al. filed.Sep 18, 2019Brief amici curiae of 131 Current and Former State Legislators filed.Sep 18, 2019Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.Sep 18, 2019Brief amicus curiae of Forge Youth Mentoring filed.Oct 24, 2019Motion 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, 2019Motion for leave to file amicus curiae brief out of time filed by Agudath Israel of America.Nov 8, 2019Brief of respondents Montana Department of Revenue, et al. filed.Nov 8, 2019SET FOR ARGUMENT on Wednesday, January 22, 2020.
Nov 13, 2019Brief amici curiae of Freedom From Religion Foundation, et al. filed.Nov 14, 2019Brief amicus curiae of Montana-Northern Wyoming Conference, United Church of Christ filed.Nov 14, 2019Brief amici curiae of Montana Constitutional Convention Delegates filed.Nov 14, 2019Brief amicus curiae of State of Maine filed.Nov 14, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Nov 15, 2019Brief amici curiae of Religious and Civil-Rights Organizations, Americans United for Separation of Church and State, et al. filed.Nov 15, 2019Brief amicus curiae of Public Funds Public Schools filed.Nov 15, 2019Brief amici curiae of American Federation of Teachers, et al. filed.Nov 15, 2019Brief amici curiae of National School Boards Association, et al. filed.Nov 15, 2019Brief amici curiae of National Disability Rights Network, et al. filed.Nov 15, 2019Brief amici curiae of Religion Law Scholars filed.Nov 15, 2019Brief amicus curiae of Montana Association of Rabbis filed.Nov 15, 2019Brief amici curiae of Colorado, et al. filed.Nov 15, 2019Brief amicus curiae of Tennessee Education Association filed.Nov 15, 2019Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed.Nov 26, 2019CIRCULATED
Dec 3, 2019Record requested from the Supreme Court of Montana.
Dec 6, 2019Reply of petitioners Kendra Espinoza, et al. filed. (Distributed)Dec 9, 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 10, 2019The record received from the U.S.D.C. Flathead County Dist. Court is electronically filed.
Jan 13, 2020Motion for leave to file amicus brief out of time filed by Agudath Israel of America DENIED.
Jan 22, 2020Argued. 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, 2020Judgment 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 3, 2020MANDATE ISSUED.
Aug 3, 2020JUDGMENT ISSUED.
Recommended Citation: Espinoza v. Montana Department of Revenue, SCOTUSblog, https://www.scotusblog.com/cases/espinoza-v-montana-department-of-revenue/