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Noah Feldman

Supreme Court Removes a Brick From the Church-State Wall

Government funding of religion is becoming not merely permissible, but obligatory.

Decisions, decisions.

Decisions, decisions.

Photographer: Stefani Reynolds/Getty Images

The John Roberts show continued today at the Supreme Court. The chief justice cast the deciding vote to overturn a decision by the Montana Supreme Court that barred a state scholarship program from funding education at religious schools. In effect, the decision says that if a state has a program that provides scholarship funding for schools, it has to make those scholarships available to religious institutions — even when the state constitution has a provision barring aid to religion.

The conservative ruling followed others in previous years by Roberts. Like those that came before, it took yet another brick out of the wall separating church and state. In the foreseeable future, there may be no wall left at all.