The Montana School Choice case ruled unlawful by the Montana Supreme Court has officially been appealed to the U.S. Supreme Court.
Lead attorney for the Institute for Justice headquartered in Arlington, Virginia, Erica Smith, said the appeal was filed early Tuesday morning.
“The Montana Legislature passed this program in 2015, and it’s been helping lots of kids and families who are very poor or who have children with disabilities, however the Montana Supreme Court struck down the entire program because it allowed scholarships for families who are attending religious schools,” said Smith. “Now, no one can get scholarships, not kids going to religious schools or kids not going to religious schools.”
Smith said the Montana Supreme Court will issue a brief and then the justices will decide if they believe the issue is worthy to be heard by the U.S. Supreme Court.
“There’s a very good chance that they’ll take this up,” she said. “The Supreme Court has been interested in this issue for a very long time and I think they’ve just been waiting for the right type of case. Specifically, the issue is when you offer a student aid program that’s available to