Published July 31, 2026 at 1:45 PM ET · Updated July 31, 2026 at 3:46 PM ET
Supreme Court is asked to take special-needs school choice case
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A petition has been filed asking the Supreme Court to accept a case involving school choice for special-needs students. The matter concerns education access and options for families of children with disabilities.
Patriot Watch first flagged this story 4 hr ago, when WND reported it. So far this remains a single-source report. The most recent report came 4 hr ago from WND. Verification tier: Watching — single-source — not yet independently corroborated.
⚖ The Constitutional Angle
This turns on Espinoza v. Montana Department of Revenue and Carson v. Makin. Espinoza held that once a state subsidizes private education it cannot bar schools solely for being religious. Carson rejected the status versus use distinction, holding that status-based protection is not permission for use-based discrimination. A special-needs choice program excluding religious providers faces the same Free Exercise problem.
Espinoza v. Montana Department of Revenue 591 U.S. 464 (2020)
Vote: 5-4
Applying Montana's constitutional no-aid provision to bar religious schools (and families choosing them) from a generally available tax-credit scholarship program discriminates based on religious status, triggers strict scrutiny under Trinity Lutheran, and violates the Free Exercise Clause; a state need not subsidize private education, but once it does, it cannot disqualify schools solely because they are religious.
Carson v. Makin 596 U.S. 767 (2022)
Vote: 6-3
Maine's requirement that private schools be 'nonsectarian' to receive tuition assistance for students from districts without public secondary schools violates the Free Exercise Clause. The Court rejected the status/use distinction as a limit: 'the prohibition on status-based discrimination under the Free Exercise Clause is not a permission to engage in use-based discrimination.'
Precedent facts from the PW Law Library — primary-source verified & independently audited
