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Today at Scotus


Blaine Amendment on Trial

Special CER News Alert
Dear Friends: As the attorneys for Kendra Espinoza and the other moms were preparing to argue their case before the U.S. Supreme Court today in this landmark case, we and our colleagues around the country were making the case to the American people through media at all levels. We’ve been doing so for months, as without public understanding of the issues at stake-including the constitutional right of parents to direct the education of their children—even the best outcome for this case will not move the needle of public opinion for the long term. Today we were proud to sit  in the High Court and witness the admirable case made by Institute for Justice attorney Richard Komer on behalf of the plaintiffs.  But Mr. Komer was barely able to finish his opening 10 minutes when Justice Ruth Bader Ginsberg began what would become a barrage of questions from  her and the like minded justices about whether the case even had standing, and unbelievably questioning whether there was any harm whatsoever when the Montana scholarship program ceased operating. This defense of religious discrimination  was met with equal resistance by Justices Alito and Kavanaugh who questioned why the attorney for the state would argue that there was no discrimination when the whole reason for throwing out the program was  because some parents were choosing religious schools. Frankly, the State of Montana had no good answer to that. The arguments were a reflection of the same debates we have daily—why does the education  system exist? If the answer is to serve parents and their kids there must be opportunities for them to make decisions about how and where they are educated, with monies following the students. We’ll know later this year what the Court believes. We make no predictions—but left the hearing cautiously optimistic.
  Follow our statement on today’s hearing, along with coverage from today’s Fox & Friends where Jeanne Allen argued the interest of the parent should be paramount — always.
  Please read more about the arguments in the Scotus Blog. And don’t  forget to check out edreform.com/Blaine to learn more about what this is all about, and see the latest reactions from today’s hearing from folks on both sides of the issue.
We’ll be back next week with regularly scheduled programming!

Founded in 1993, the Center for Education Reform aims to expand educational opportunities that lead to improved economic outcomes for all Americans — particularly our youth — ensuring that conditions are ripe for innovation, freedom and flexibility throughout U.S. education.