Espinoza v. Montana Dept.: 5 problems of a result-driven judicial review

The relationship between government funding and free exercise of religion is back at the United States Supreme Court (SCOTUS) after 2017 Trinity Lutheran Church of Columbia, Inc. v. Comer. In Espinoza v. Montana Dept. of Revenue (2020), petitioners brought a challenge to a state program that assisted with school tuition to beneficiaries of tax credit for their children to attend to a school of their parents’ choosing. But, under the State of Montana Constitution (Art. X, Se. 6(1)), there is a non-aid provision that prohibits…