Analysis

Alito Sees Inconsistency In How Justices Address Bigotry

Law360 (July 2, 2020, 3:29 PM EDT) -- Justice Samuel Alito Jr. suggested there is a double standard with how the U.S. Supreme Court deals with the legacy of bigotry in modern law, contrasting Tuesday's decision in a Montana tax case with one from earlier in the term involving nonunanimous juries.

In a 13-page concurrence Tuesday in Espinoza v. Montana Department of Revenue, Justice Alito agreed with the decision to strike down a Montana rule that excluded religious schools from a program giving tax credits for donations to scholarship funds. The majority was right to hold that the rule violates the Constitution's free exercise clause, Justice Alito said....

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