Expert Legal Analysis on Supreme Court Education Decision, Espinoza v. Montana Department of Revenue Released


Today the Foundation for Excellence in Education (ExcelinEd) and the Center for Education Reform (CER) released a joint analysis on the impact of Espinoza v. Montana Department of Revenue, the recent landmark Supreme Court decision, which held that where states have programs that enable families to take funds to private schools, those programs may not exclude faith-based schools from participating. The CER/ExcelinEd report outlines paths for states to follow when looking to enact constitutionally permissible education choice programs.

Making the Most of Espinoza v. Montana Department of Revenue to Advance Education Opportunity, authored by Kirkland and Ellis partner and former Solicitor General Paul Clement, addresses the route for states to remove “barriers to restrictions on educational choices that are rooted in religious discrimination.”

The report states, “Espinoza signals a willingness by the Supreme Court to ensure that educational opportunities for students are not thwarted by state laws that are in tension with federal constitutional principles…” and that the Supreme Court provides a clear path to prevent opponents from using provisions “born of bigotry” from blocking educational opportunities that include all private schools from public tax-payer funding.

“Because Espinoza has changed the calculus as to Blaine Amendments and other state provisions, educational choice that previously crossed the line into prohibited territory may now be permissible,” says Clement.

Solution Areas:

Private Education Choice


Tax Credit Scholarships