AFC and Liberty Justice Center Submit Amicus Brief to U.S. Supreme Court on Montana School Choice Case

The Liberty Justice Center, on behalf of the American Federation for Children, moved the Supreme Court of the United States to accept an amicus brief discussing the important aspects of the Espinoza vs. Montana Department of Revenue case – a case with significant implications for school choice policies across the country. The American Federation for Children hopes the U.S. Supreme Court will decide to take up this case next month, then hear oral arguments in the fall prior to a decision in the summer of 2020. The amicus brief focused on helping the Court understand why this case is important to vulnerable students and to the diversity of our education system.
Statement from John Schilling, President of the American Federation for Children:
“Educational choice positively impacts a wide variety of needy and vulnerable students in our K-12 education system. From students whose assigned schools are not meeting their needs, to victims of bullying, to students in military families and tribal communities, the freedom to choose the best educational environment is a lifeline of hope for these families and students. We also believe that a diverse population needs a diverse set of educational options to meet the needs of all students. We hope the U.S. Supreme Court case will definitively rule on the unconstitutionally restrictive and discriminatory Blaine Amendments throughout the country, and end their destructive reign.”
Thirteen amicus briefs have been filed, showing a strong level of interest in the case that may now be heard by the U.S. Supreme Court. The Montana case at the center of this motion deals with a tax credit scholarship program and the nature of Blaine Amendments throughout the country, which could restrict school choice offerings in 37 states. More details on Blaine Amendments can be found here:
The amicus brief from the Liberty Justice Center and the American Federation for Children can be found here:


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