Supreme Court of the United States

Kendra Espinoza, Petitioners v. Montana Department of Revenue — Alito, J., Concurring

June 30, 2020140 S. Ct. 2246

Summary

Justice Alito concurs with the Court’s judgment that Montana’s constitutional prohibition on state aid to “sectarian” schools, as applied to a tax‑credit scholarship program, violates the Free Exercise Clause. He joins the majority, emphasizing that the original anti‑Catholic intent of the provision makes it unconstitutional, and notes that Ramos v. Louisiana requires consideration of original motivation.