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Kendra Espinoza, et al. v. Montana Department of Revenue, et al.

Paid petition · Supreme Court of Montana, No. DA 17-0492 · judgment December 12, 2018

Decided · June 30, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Does it violate the Religion Clauses or Equal Protection Clause of the United States Constitution to invalidate a generally available and religiously neutral student- aid program simply because the program affords students the choice of attending religious schools?

Counsel of record

For petitioner
Richard Donen Komer
Institute for Justice

For respondent
Adam G. Unikowsky
Jenner & Block LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
9 cert-stage · 45 merits
(31 supporting pet./neither, 14 respondent)

Argument & decision

Argued January 22, 2020 — Richard D. Komer · Adam G. Unikowsky. Audio and transcript

Decided June 30, 2020.

Proceedings

  1. Aug 03 2020
    MANDATE ISSUED.
  2. Aug 03 2020
    JUDGMENT ISSUED.
  3. Jun 30 2020
    Judgment REVERSED and case REMANDED. Roberts C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., and Gorsuch, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion, in which Kagan, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined as to Part I. Sotomayor, J., filed a dissenting opinion.
  4. Jan 22 2020
    Argued. For petitioners: Richard D. Komer, Arlington, Va.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Adam G. Unikowsky, Washington, D. C.
  5. Jan 13 2020
    Motion for leave to file amicus brief out of time filed by Agudath Israel of America DENIED.
  6. Dec 10 2019
    The record received from the U.S.D.C. Flathead County Dist. Court is electronically filed.
  7. Dec 09 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Dec 06 2019
    Reply of petitioners Kendra Espinoza, et al. filed. (Distributed)
  9. Dec 03 2019
    Record requested from the Supreme Court of Montana.
  10. Nov 26 2019
    CIRCULATED
  11. Nov 15 2019
    Brief amici curiae of Religious and Civil-Rights Organizations, Americans United for Separation of Church and State, et al. filed.
  12. Nov 15 2019
    Brief amicus curiae of Public Funds Public Schools filed.
  13. Nov 15 2019
    Brief amici curiae of American Federation of Teachers, et al. filed.
  14. Nov 15 2019
    Brief amici curiae of National School Boards Association, et al. filed.
  15. Nov 15 2019
    Brief amici curiae of National Disability Rights Network, et al. filed.
  16. Nov 15 2019
    Brief amici curiae of Religion Law Scholars filed.
  17. Nov 15 2019
    Brief amicus curiae of Montana Association of Rabbis filed.
  18. Nov 15 2019
    Brief amici curiae of Colorado, et al. filed.
  19. Nov 15 2019
    Brief amicus curiae of Tennessee Education Association filed.
  20. Nov 15 2019
    Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed.
  21. Nov 14 2019
    Brief amicus curiae of Montana-Northern Wyoming Conference, United Church of Christ filed.
  22. Nov 14 2019
    Brief amici curiae of Montana Constitutional Convention Delegates filed.
  23. Nov 14 2019
    Brief amicus curiae of State of Maine filed.
  24. Nov 14 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  25. Nov 13 2019
    Brief amici curiae of Freedom From Religion Foundation, et al. filed.
  26. Nov 08 2019
    Brief of respondents Montana Department of Revenue, et al. filed.
  27. Nov 08 2019
    SET FOR ARGUMENT on Wednesday, January 22, 2020.
  28. Oct 24 2019
    Motion for Leave to File Brief As Amicus Curiae Out of Time of Agudath Israel of America not accepted for filing. (October 25, 2019)
  29. Oct 24 2019
    Motion for leave to file amicus curiae brief out of time filed by Agudath Israel of America.
  30. Sep 18 2019
    Brief amici curiae of Senators Steve Daines, et al. filed.
  31. Sep 18 2019
    Brief amicus curiae of The Becket Fund for Religious Liberty filed.
  32. Sep 18 2019
    Brief amici curiae of Americans for Prosperity and yes. every kid. filed.
  33. Sep 18 2019
    Brief amicus curiae of The Rutherford Institute filed.
  34. Sep 18 2019
    Brief amicus curiae of United States filed.
  35. Sep 18 2019
    Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
  36. Sep 18 2019
    Brief amici curiae of Liberty Justice Center and American Federation for Children filed.
  37. Sep 18 2019
    Brief amicus curiae of Alliance for Choice in Education filed.
  38. Sep 18 2019
    Brief amicus curiae of Independence Institute filed.
  39. Sep 18 2019
    Brief amici curiae of Christian Legal Society, et al. filed.
  40. Sep 18 2019
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
  41. Sep 18 2019
    Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
  42. Sep 18 2019
    Brief amici curiae of Rusty Bowers, Speaker of the Arizona House of Representatives, et al. filed.
  43. Sep 18 2019
    Brief amici curiae of Center for Education Reform, et al. filed.
  44. Sep 18 2019
    Brief amicus curiae of Montana Family Foundation filed.
  45. Sep 18 2019
    Brief amici curiae of Arizona Christian School Tuition Organization et al. filed.
  46. Sep 18 2019
    Brief amici curiae of Justice and Freedom Fund, et al. filed.
  47. Sep 18 2019
    Brief amici curiae of 131 Current and Former State Legislators filed.
  48. Sep 18 2019
    Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
  49. Sep 18 2019
    Brief amicus curiae of Forge Youth Mentoring filed.
  50. Sep 17 2019
    Brief amici curiae of EdChoice, et al. filed.
  51. Sep 17 2019
    Brief amicus curiae of The Cato Institute filed.
  52. Sep 17 2019
    Brief amicus curiae of The Honorable Scott Walker filed.
  53. Sep 17 2019
    Brief amici curiae of States of Oklahoma, et al. filed.
  54. Sep 17 2019
    Brief amici curiae of Montana Catholic School Parents, et al. filed.
  55. Sep 16 2019
    Brief amicus curiae of American Center for Law and Justice filed.
  56. Sep 16 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  57. Sep 16 2019
    Brief amicus curiae of Pioneer Institute, Inc. filed.
  58. Sep 16 2019
    Brief amicus curiae of Opportunity Scholarship Fund filed.
  59. Sep 12 2019
    Brief amicus curiae of Mackinac Center for Public Policy filed.
  60. Sep 11 2019
    Brief amicus curiae of Foundation for Moral Law filed.
  61. Sep 11 2019
    Joint appendix filed. (Statement of costs filed)
  62. Sep 11 2019
    Brief of petitioners Kendra Espinoza, et al. filed.
  63. Jul 29 2019
    Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 8, 2019.
  64. Jul 23 2019
    Motion for an extension of time to file respondents' brief on the merits filed.
  65. Jul 22 2019
    Blanket Consent filed by Respondent, Montana Department of Revenue, et al.
  66. Jul 16 2019
    Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including September 11, 2019.
  67. Jul 16 2019
    Blanket Consent filed by Petitioner, Kendra Espinoza, et al.
  68. Jul 02 2019
    Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
  69. Jun 28 2019
    Motion for leave to file amicus brief filed by The Cato Institute GRANTED.
  70. Jun 28 2019
    Motion for leave to file amici brief filed by Liberty Justice Center, et al. GRANTED.
  71. Jun 28 2019
    Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc. GRANTED.
  72. Jun 28 2019
    Motion for leave to file amicus brief filed by Pioneer Institute, Inc. GRANTED.
  73. Jun 28 2019
    Petition GRANTED.
  74. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  75. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  76. May 28 2019
    Reply of petitioners Kendra Espinoza, et al. filed.
  77. May 15 2019
    Brief of respondents Montana Department of Revenue, et al. in opposition filed.
  78. Apr 15 2019
    Brief amicus curiae of American Center for Law and Justice filed.
  79. Apr 15 2019
    Brief amicus curiae of Arizona Christian School Tuition Organization filed.
  80. Apr 15 2019
    Brief amicus curiae of Montana Family Foundation filed.
  81. Apr 15 2019
    Motion for leave to file amicus brief filed by The Cato Institute.
  82. Apr 15 2019
    Motion for leave to file amici brief filed by Liberty Justice Center, et al.
  83. Apr 12 2019
    Brief amicus curiae of The Honorable Scott Walker filed.
  84. Apr 12 2019
    Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
  85. Apr 12 2019
    Brief amici curiae of EdChoice, et al. filed.
  86. Apr 12 2019
    Brief amici curiae of Christian Legal Society, et al. filed.
  87. Apr 12 2019
    Motion of Pioneer Institute for leave to file amicus brief not accepted for filing. (April 18, 2019 -- Corrected version submitted)
  88. Apr 12 2019
    Motion for leave to file amicus brief filed by Pioneer Institute, Inc. (4/18/2019)
  89. Apr 12 2019
    Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc.
  90. Apr 11 2019
    Brief amicus curiae of Agudath Israel of America filed.
  91. Apr 11 2019
    Brief amicus curiae of Alliance for Choice in Education filed.
  92. Apr 08 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
  93. Apr 04 2019
    Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
  94. Mar 12 2019
    Petition for a writ of certiorari filed. (Response due April 15, 2019)