On January 22, 2020, the U.S. Supreme Court will hear oral argument in an IJ case, Espinoza v. Montana Dept. of Revenue. At issue is a Montana school choice program that allowed families to send their children to private schools, including religious ones. The Montana Supreme Court said the program violated the state’s Blaine Amendment, a relic of 19th-century anti-Catholic hysteria that lives on today in 37 states constitutions, and struck the program down in 2018. The U.S. Supreme Court, however, will consider whether discriminating against religious options violates the First Amendment. On this podcast, we take a look at the history of Blaine Amendments, school choice, and one-size-fits-all schooling.

Espinoza v. Montana Department of Revenue

Recent Episodes

Short Circuit 376 | Murder Mysteries

Two federal appellate opinions involving a murder and whether justice was served. First, IJ’s Dan Alban reports on a Sixth Circuit case where a man […]

Listen Now

Short Circuit 375 | Unsympathetic Clients

Constitutional rights protect everyone, even people we might not be terribly fond of. This week we discuss two defendants who perhaps don’t deserve a lot […]

Listen Now

Short Circuit 374 | Content-Based Dancing

All kinds of constitutional goodies this week, from sovereign immunity to the First Amendment right to dance. But we begin with our annual Kentucky Derby […]

Listen Now