Kendra Espinoza, Petitioners v. Montana Department of Revenue — Sotomayor, J., Dissenting

Summary

Justice Sotomayor dissents, arguing that the Court lacks authority to decide a federal constitutional question not raised in the state courts and that the Montana scholarship program no longer exists, eliminating any as‑applied Free Exercise claim. She contends the majority improperly transforms the case into a facial challenge and exceeds Article III limits.