In school choice case, Justice Samuel Alito fights anti-Catholic bigotry

Some Supreme Court opinions are weightier for moral and historical purposes rather than for controlling legal precedent. In a key Supreme Court case upholding a Montana school-choice program, Justice Samuel Alito wrote a concurring opinion of particular moral and historical weight.

First, Alito joined, in full, the main majority opinion written by Chief Justice John Roberts. It held that a state-sanctioned (and indirectly state-financed) scholarship program can be used by families to send their children to faith-based schools as well as ones without any faith affiliation. To deny that option, Roberts wrote, would be to discriminate unconstitutionally against people and institutions of faith in general.