Professor Michael Helfand Cited in Supreme Court Decision, Espinoza v. Montana Department of Revenue

Professor Michael A. Helfand's brief on behalf of the Union of Orthodox Jewish Congregations is cited in Justice Alito's concurrence in the Supreme Court decision, Espinoza v. Montana Department of Revenue. In Espinoza, the Court ruled that a state-run scholarship program funded by tax-deductible gifts could not exclude religious schools. Justice Alito cited Professor Helfand's 2017 brief, which is co-authored with Nathan Diament.

From Espinoza v. Montana Department of Revenue (Alito, J. concurrence):

Catholic and Jewish schools sprang up because the common schools were not neutral on matters of religion. "Faced with public schools that were culturally Protestant and with curriculum[s] and textbooks that were, consequently, rife with material that Catholics and Jews found offensive, many Catholics and Orthodox Jews created separate schools," and those "who could afford to do so sent their children to" those schools.16

16 Brief for Union of Orthodox Jewish Congregations of America as Amicus Curiae in Trinity Lutheran Church of Columbia, Inc. v. Comer, O. T. 2016, No. 15–577, p. 15 (internal quotation marks, citation, and brackets omitted).

The complete Supreme Court opinion may be found here

Professor Helfand is also quoted regarding the Espinoza case in the article, "For Orthodox Groups, the Supreme Court's Ruling on Aid to Religious Schools is a Big Win," which is published in the Jewish Telegraphic Agency.

Excerpt from "For Orthodox Groups, the Supreme Court's Ruling on Aid to Religious Schools is a Big Win"

"If you wanted to boil down the key contribution of the opinion, it's the application of the rule from 2017 to schools," said Michael Helfand, associate dean for faculty and research at Pepperdine University's Caruso School of Law. "Ultimately it nudges the ball down the road in terms of the ability of schools to get equal treatment."

The complete article may be found here