Dan SCHWARTZ, in His Official Capacity as Treasurer of the State of Nevada, Appellant,
v.
Hellen Quan LOPEZ, individually and on behalf of Her Minor Child, C.Q.; Michelle Gorelow, individually and on behalf of her minor children, A.G. and H.G.; Electra Skryzdlewski, individually and on behalf of Her Minor Child, L.M.; Jennifer Carr, Individually and on Behalf of Her Minor Children, W.C., A.C., and E.C.; Linda Johnson, Individually and on Behalf of Her Minor Child, K.J.; and Sarah Solomon and Brian Solomon, Individually and on Behalf of Their Minor Children, D.S. and K.S., Respondents.
Ruby Duncan, an individual; Rabbi Mel Hecht, an individual; Howard Watts, III, an individual; Leora Olivas, an individual; and Adam Berger, an individual, Appellants,
v.
The State of Nevada Office of the State Treasurer; The State of Nevada Department of Education; Dan Schwartz, Nevada State Treasurer, in His Official Capacity; Steve Canavero, Interim Superintendent of Public Instruction, in His Official Capacity; Aimee Hairr; Aurora Espinoza; Elizabeth Robbins; Lara Allen; Jeffrey Smith; and Trina Smith, Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
FILED SEPTEMBER 29, 2016.
FILED SEPTEMBER 29, 2016.
Attorney(s) appearing for the Case
Adam Paul Laxalt , Attorney General, Lawrence VanDyke , Deputy Solicitor General, and Jordan T. Smith , Assistant Solicitor General, Carson City; Bancroft PLLC and Paul D. Clement , Washington, D.C., for Dan Schwartz, Steve Canavero, the Nevada Office of the Treasurer, and the Nevada Department of Education.
Muehlbauer Law Office, Ltd., and Andrew R. Muehlbauer , Las Vegas; Wisconsin Institute for Law & Liberty and Richard M. Esenberg , and CJ Szafir , Milwaukee, Wisconsin, for Amici Curiae The American Federation for Children, Hispanics for School Choice, School Choice Wisconsin, Dr. Patrick J. Wolf, and Wisconsin Institute for Law & Liberty.
Lemons, Grundy & Eisenberg and Robert L. Eisenberg , Reno, for Amici Curiae National School Boards Association and Nevada Association of School Boards.
Leon Greenberg Professional Corporation and Leon M. Greenberg and Julie Underwood , Las Vegas, for Amici Curiae Association of Wisconsin School Administrators, Horace Mann League, Network for Public Education, Wisconsin Alliance for Excellent Schools, and Wisconsin Association of School District Administrators.
Dyer, Lawrence, Penrose, Flaherty, Donaldson & Prunty and Francis C. Flaherty and Casey A. Gillham , Carson City; National Education Association and Kristen L. Hollar , Washington, D.C., for Amici Curiae National Educational Association and Nevada State Education Association.
Woodburn & Wedge and W. Chris Wicker , Reno, for Amici Curiae Mexican-American Legal Defense and Educational Fund, Las Vegas NAACP, and Southern Poverty Law Center.
BEFORE THE COURT EN BANC.
OPINION
By the Court, HARDESTY, J.:
In 2015, the Nevada Legislature passed the Education Savings Account (ESA) program, which allows public funds to be transferred from the State Distributive School Account into private education savings accounts maintained for the benefit of school-aged children to pay for private schooling, tutoring...
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