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Must Montana Restore Repealed Choice Legislation?

January 22, 2020


The headlines about the pending Supreme Court case involving Montana’s now repealed legislation that provided public funds to sectarian schools pits the State constitution against the US constitution. But after reading the details of the case I see a different question emerging. It seems that after the Montana Supreme Court ruled that donated fund’s raised to provide school choice could not be used to fund sectarian schools the Montana legislature repealed the Bill altogether.

It strikes me that the SCOTUS ruling not only determines whether states can provide any funds to sectarian schools, it also determines the validity of State constitutions that explicitly separate church and state AND the validity of state legislation that repeals previously enacted choice legislation. In short, it is very much about the power of the federal government over state governments and state constitutions. Here’s hoping that the Court looks at the full impact of their decision. It seems like the press has not.

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