MOSES v. RUSZKOWSKI

No. S-1-SC-34974.

458 P.3d 406 (2018)

2019-NMSC-003

Cathy MOSES and Paul F. Weinbaum, Plaintiffs-Petitioners, v. Christopher RUSZKOWSKI, Secretary of Education, New Mexico Public Education Department, Defendant-Respondent, and Albuquerque Academy, et al., Defendants/Intervenors-Respondents.

Supreme Court of New Mexico.

Filing Date: December 13, 2018.


Attorney(s) appearing for the Case

Graeser & McQueen, LLC, Christopher L. Graeser , Santa Fe, NM, Frank Susman , Santa Fe, NM, for Petitioners.

New Mexico Public Education Department, Dawn E. Mastalir , General Counsel, Santa Fe, NM, Sutin, Thayer & Browne, P.C., Susan M. Hapka , Albuquerque, NM, for Respondent.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Rufus E. Thompson , Jennifer G. Anderson , Sarah M. Stevenson , Albuquerque, NM, The Becket Fund for Religious Liberty, Eric S. Baxter , Washington, DC, for Intervenors-Respondents.


OPINION

{1} In this opinion we reconsider the constitutionality of New Mexico's textbook loan program. In Moses v. Skandera (Moses II), this Court considered whether using public funds to lend textbooks to private school students violated Article XII, Section 3 of the New Mexico Constitution,...

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