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    Symposium: A takedown of the Blaine Amendments

    By James Hirsen
    on Jul 2, 2020at 3:04 pm

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    James Hirsen is an attorney, author, commentator and former professor at Trinity Law School.

    He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners inEspinoza v. Montana Department of Revenue.

    The Supreme Court’s decision in Espinoza v.

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    Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In particular, the decision drastically limits the scope of one type of restriction that states have employed for more than a century.

    The factual background of Espinoza may at first blush appear innocuous.

    The Montana legislature established a modest tax credit scholarship program, which conferred a benefit to those who donate to organizations that, in turn, grant scholars