What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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Shannon v. Smith

Docket: 1180926

Opinion Date: May 15, 2020

Judge: Mitchell

Areas of Law: Civil Procedure, Personal Injury

Deborah Shannon suffered from ongoing medical problems she claimed were the result of an automobile accident. The jury that considered the claims she asserted against the other driver rejected her claims and returned a verdict in favor of the other driver. The trial court denied Shannon's motion for a new trial and she appealed, contending the jury's verdict was not sustained by a preponderance of the evidence. Finding adequate evidence to support the verdict, the Alabama Supreme Court affirmed.