from the Supreme Court of Montana
See other cases from Montana.
MANDATE ISSUED.
JUDGMENT ISSUED.
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.
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.
Motion for leave to file amicus brief out of time filed by Agudath Israel of America DENIED.
The record received from the U.S.D.C. Flathead County Dist. Court is electronically filed.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Reply of petitioners Kendra Espinoza, et al. filed. (Distributed)
Record requested from the Supreme Court of Montana.
CIRCULATED
Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed.
Brief amici curiae of American Federation of Teachers, et al. filed.
Brief amicus curiae of Public Funds Public Schools filed.
Brief amici curiae of Religion Law Scholars filed.
Brief amicus curiae of Tennessee Education Association filed.
Brief amici curiae of Colorado, et al. filed.
Brief amicus curiae of Montana Association of Rabbis filed.
Brief amici curiae of National Disability Rights Network, et al. filed.
Brief amici curiae of National School Boards Association, et al. filed.
Brief amici curiae of Religious and Civil-Rights Organizations, Americans United for Separation of Church and State, et al. filed.
Brief amicus curiae of State of Maine filed.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amici curiae of Montana Constitutional Convention Delegates filed.
Brief amicus curiae of Montana-Northern Wyoming Conference, United Church of Christ filed.
Brief amici curiae of Freedom From Religion Foundation, et al. filed.
SET FOR ARGUMENT on Wednesday, January 22, 2020.
Brief of respondents Montana Department of Revenue, et al. filed.
Motion for Leave to File Brief As Amicus Curiae Out of Time of Agudath Israel of America not accepted for filing. (October 25, 2019)
Motion for leave to file amicus curiae brief out of time filed by Agudath Israel of America.
Brief amici curiae of Arizona Christian School Tuition Organization et al. filed.
Brief amicus curiae of Montana Family Foundation filed.
Brief amici curiae of Center for Education Reform, et al. filed.
Brief amici curiae of Rusty Bowers, Speaker of the Arizona House of Representatives, et al. filed.
Brief amici curiae of Christian Legal Society, et al. filed.
Brief amici curiae of Justice and Freedom Fund, et al. filed.
Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Brief amicus curiae of Independence Institute filed.
Brief amicus curiae of Alliance for Choice in Education filed.
Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Brief amici curiae of Americans for Prosperity and yes. every kid. filed.
Brief amicus curiae of The Rutherford Institute filed.
Brief amici curiae of Senators Steve Daines, et al. filed.
Brief amicus curiae of United States filed.
Brief amici curiae of Liberty Justice Center and American Federation for Children filed.
Brief amicus curiae of Forge Youth Mentoring filed.
Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
Brief amici curiae of 131 Current and Former State Legislators filed.
Brief amicus curiae of The Honorable Scott Walker filed.
Brief amici curiae of Montana Catholic School Parents, et al. filed.
Brief amici curiae of States of Oklahoma, et al. filed.
Brief amicus curiae of The Cato Institute filed.
Brief amici curiae of EdChoice, et al. filed.
Brief amicus curiae of Opportunity Scholarship Fund filed.
Brief amicus curiae of Pioneer Institute, Inc. filed.
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Brief amicus curiae of American Center for Law and Justice filed.
Brief amicus curiae of Mackinac Center for Public Policy filed.
Brief of petitioners Kendra Espinoza, et al. filed.
Joint appendix filed. (Statement of costs filed)
Brief amicus curiae of Foundation for Moral Law filed.
Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 8, 2019.
Motion for an extension of time to file respondents' brief on the merits filed.
Blanket Consent filed by Respondent, Montana Department of Revenue, et al.
Blanket Consent filed by Petitioner, Kendra Espinoza, et al.
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.
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Petition GRANTED.
Motion for leave to file amicus brief filed by Pioneer Institute, Inc. GRANTED.
Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc. GRANTED.
Motion for leave to file amici brief filed by Liberty Justice Center, et al. GRANTED.
Motion for leave to file amicus brief filed by The Cato Institute GRANTED.
Reply of petitioners Kendra Espinoza, et al. filed.
Brief amicus curiae of Montana Family Foundation filed.
Motion for leave to file amicus brief filed by The Cato Institute.
Brief amicus curiae of American Center for Law and Justice filed.
Brief amicus curiae of Arizona Christian School Tuition Organization filed.
Motion for leave to file amici brief filed by Liberty Justice Center, et al.
Motion of Pioneer Institute for leave to file amicus brief not accepted for filing. (April 18, 2019 -- Corrected version submitted)
Brief amicus curiae of The Honorable Scott Walker filed.
Motion for leave to file amicus brief filed by Georgia Goal Scholarship Program, Inc.
Motion for leave to file amicus brief filed by Pioneer Institute, Inc. (4/18/2019)
Brief amici curiae of EdChoice, et al. filed.
Brief amici curiae of Jerry and Kathy Armstrong, et al. filed.
Brief amici curiae of Christian Legal Society, et al. filed.
Brief amicus curiae of Agudath Israel of America filed.
Brief amicus curiae of Alliance for Choice in Education filed.
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due April 15, 2019)
Kendra Espinoza, et al., Petitioner, represented by Richard Donen Komer
Montana Department of Revenue, et al., Respondent, represented by Adam G. Unikowsky
131 Current and Former State Legislators, Amicus Curiae, represented by Steven Werner Fitschen
Agudath Israel of America, Amicus Curiae, represented by Mark J. Kurzmann
Alliance for Choice in Education, Amicus Curiae, represented by Ian Seth Speir
American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow
American Federation for Children; Liberty Justice Center, Amicus Curiae, represented by Jeffrey Michael Schwab
American Federation of Teachers, National Education Association, Montana Federation of Public Employees, and Montana Quality Education Coalition, Amicus Curiae, represented by Kevin K. Russell
Americans for Prosperity and yes. every kid., Amicus Curiae, represented by Cynthia Fleming Crawford
Americans United for Separation of Church and State, et al., Amicus Curiae, represented by Alexander J. Luchenitser
Arizona Christian School Tuition Organization and Immaculate Heart of Mary Catholic School, Amicus Curiae, represented by Allyson Ho
Baptist Joint Committee for Religious Liberty, et al., Amicus Curiae, represented by Steven Keith Green
Billy Graham Evangelistic Association, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.
Cato Institute, Amicus Curiae, represented by Ilya Shapiro
Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso
Center for Education Reform, Amicus Curiae, represented by Paul D. Clement
Christian Legal Society, United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Kimberlee Wood Colby
Colorado, et al., Amicus Curiae, represented by Eric Reuel Olson
EdChoice, Amicus Curiae, represented by Leslie Davis Hiner
EdChoice, Amicus Curiae, represented by Russell Charles Menyhart
Forge Youth Mentoring, Amicus Curiae, represented by Joshua Daniel Davey
Foundation for Moral Law, Amicus Curiae, represented by John Allen Eidsmoe
Freedom From Religion Foundation, et al., Amicus Curiae, represented by Andrew Lewis Seidel
Georgia Goal Scholarship Program, Inc., Amicus Curiae, represented by James Patrick Kelly III
Independence Institute, Amicus Curiae, represented by David Benjamin Kopel
Jerry and Kathy Armstrong, Association of Christian Schools International and Pacific Legal Foundation, Amicus Curiae, represented by Ethan Winfred Blevins
Jerry and Kathy Armstrong, Lashawn Robinson, Gwendolyn Samuel, Yi Fang Chen, and Pacific Legal Foundation, Amicus Curiae, represented by Ethan Winfred Blevins
Jewish Coalition for Religious Liberty, Amicus Curiae, represented by Thomas William Parker Douglas
Justice and Freedom Fund, et al., Amicus Curiae, represented by James L. Hirsen
Liberty Justice Center and American Federation for Children, Amicus Curiae, represented by Brian Kirk Kelsey
Mackinac Center for Public Policy, Amicus Curiae, represented by Patrick J. Wright
Montana Association of Rabbis, Amicus Curiae, represented by Charles Rothfeld
Montana Catholic School Parents, et al., Amicus Curiae, represented by Andrea Marie Picciotti-Bayer
Montana Constitutional Convention Delegates, Amicus Curiae, represented by Hyland Hunt
Montana Family Foundation, Amicus Curiae, represented by Anita Yvonne Milanovich
Montana-Northern Wyoming Conference, United Church of Christ, Amicus Curiae, represented by Tillman J. Breckenridge
National Disability Rights Network, et al., Amicus Curiae, represented by Gregory M. Lipper
National School Boards Association, et al., Amicus Curiae, represented by Francisco Maria Negron Jr.
Opportunity Scholarship Fund, Amicus Curiae, represented by Fred A. Leibrock
Pioneer Institute, Amicus Curiae, represented by Dwight Gerard Duncan
Public Funds Public Schools, Amicus Curiae, represented by Tamerlin Jane Godley
Reason Foundation and Individual Rights Foundation, Amicus Curiae, represented by Manuel S. Klausner
Religion Law Scholars, Amicus Curiae, represented by Kirti Datla
Rusty Bowers, Speaker of the Arizona House of Representatives, et al., Amicus Curiae, represented by John Joseph Park Jr.
Senators Steve Daines, Tim Scott, John Kennedy, and Marsha Blackburn and Representative Greg Gianforte, Amicus Curiae, represented by Sarah Michelle Harris
State of Maine, Amicus Curiae, represented by Sarah Ann Forster
State of Oklahoma, Amicus Curiae, represented by Mithun Mansinghani
Tennessee Education Association, Amicus Curiae, represented by Richard L. Colbert
The Becket Fund for Religious Liberty, Amicus Curiae, represented by Diana Marie Verm
The Cato Institute, Amicus Curiae, represented by Ilya Shapiro
The Honorable Scott Walker, Amicus Curiae, represented by Richard Michael Esenberg
The Rutherford Institute, Amicus Curiae, represented by Jason Peter Gosselin
United States, Amicus Curiae, represented by Noel J. Francisco