ESPINOZA v. MONTANA DEPT. OF REVENUE

No. 18-1195.

140 S.Ct. 2246 (2020)

Kendra ESPINOZA, et al., Petitioners v. MONTANA DEPARTMENT OF REVENUE, et al.

Supreme Court of United States.

Decided June 30, 2020.


Attorney(s) appearing for the Case

Steven W. Fitschen , The National Legal Foundation, Chesapeake, VA, for Petitioners.

Michael Bindas , Institute for Justice, Seattle, WA, Timothy D. Keller , Institute for Justice, Tempe, AZ, Erica J. Smith , Richard D. Komer , Institute for Justice, Arlington, VA, William W. Mercer , Holland & Hart LLP, Billings, MT, for Petitioners.

Daniel J. Whyte , Brendan Beatty , Nicholas J. Gochis , Special Assistant Attorneys General, Helena, MT, Anthony Johnstone , Johnstone PLLC, Missoula, MT, Adam G. Unikowsky , James Dawson , Jenner & Block LLP, Washington, DC, Raph Graybill , Chief Legal Counsel, Governor Steve Bullock , Helena, MT, for Respondents.

For U.S. Supreme Court briefs, see: 2019 WL 4447277 (Pet.Brief) 2019 WL 5887033 (Resp.Brief) 2019 WL 6726413 (Reply.Brief) 2019 WL 4640381 (Pet.Supp.Brief)


The Montana Legislature established a program to provide tuition assistance to parents who send their children to private schools. The program grants a tax credit to anyone who donates to certain organizations that in turn award scholarships to selected students attending such schools. When...

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