Carson v. Makin

[David Garner]

This case involves Maine's tuition voucher program, where Maine excludes vouchers to parents who wish to send their kids to religious schools.  Oral arguments were fascinating.  Justice Thomas asked the attorney for one of the plaintiffs about standing, which I thought he argued well.  Best I can tell, the argument is over whether the denial of funds is because of the school's status as a religious school or whether it is because the money would be used to teach religion.

Given general trends, I expect the plaintiffs will win this one, but as ever, Thomas on standing, or Roberts or maybe Gorsuch on other grounds, could be a wild card.

[David Garner]

Breyer wasted about 5 minutes of everyone's time because he didn't know what he was talking about.

[David Garner]

Thomas's first question to the Maine Deputy AG was outstanding.  Basically it was "you require kids to go to school, and you don't have schools everywhere, so how can it be a mere subsidy?"

[David Garner]

Deputy AG Taub then fumbled the ball in my estimation by saying the chief hallmark of education in Maine is that education be non-sectarian.  As if the state's interest is not in having an educated populace, but rather in having kids REQUIRED to be educated irrespective of, and perhaps in opposition to, their religious beliefs.

[David Garner]

Pressed by Alito, he doubled down and said "the most important feature" of Maine's compulsory education is that the school not teach religion.

[David Garner]

Oral argument is here for anyone interested:

https://www.c-span.org/video/?516173-1/carson-v-makin-oral-argument&live

[JEdwards]

My favorite moment was when Alito described a religious school that emphasized equality, service, and kindness, but disclaimed any other dogma. After eliciting an assurance that of course such a school would be eligible for Maine’s program, Alito asked, “Well, isn’t that basically Unitarian Universalism?”

Peace,
Jon

[David Garner]

My favorite moment was when Alito described a religious school that emphasized equality, service, and kindness, but disclaimed any other dogma. After eliciting an assurance that of course such a school would be eligible for Maine’s program, Alito asked, “Well, isn’t that basically Unitarian Universalism?”

Peace,
Jon

That was hilarious. Mine was Thomas’s ambush noted above.