Professor Michael Helfand, “Discrimination Without Discriminating?” — Wall Street Journal

Professor Michael A. Helfand's commentary, "Discrimination Without Discriminating?" has been published in the Wall Street Journal. The article considers the Supreme Court case, Espinoza v. Montana Department of Revenue, that seeks to overturn a ruling that prohibited money from a voucher program to be put toward private religious schools.

Excerpt from "Discrimination Without Discriminating?"

The Supreme Court hears oral arguments Jan. 22 in Espinoza v. Montana Department of Revenue, which tests the constitutionality of state laws that exclude religious organizations from government funding. The case raises a unique question: What happens when a state court invokes a religiously discriminatory rule, but ensures there is no discriminatory impact? Call it discrimination without discriminating.

The complete article may be found here (subscription required).