In 2018, the Montana Supreme Court became the first state supreme court in the country to strike down a tax credit scholarship program. It did so on the grounds of Montana’s Blaine Amendment, ruling that because some families receiving scholarships would send their children to religious schools, the entire program needed to be scrapped.
Today, the United States Supreme Court overturned that decision, ruling 5-4 that “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”
 
During oral arguments, Justice Kavanaugh, who sided with the majority, referred to an amicus brief which argued that states should not be able to single out religious schools for adverse treatment. Today, in a historic decision with important implications for private education, the Court agreed.