Congratulations! It's a terrific paper.

Along with fellow Religion Clause scholars, I filed an amicus brief yesterday arguing that the Establishment Clause would prohibit such an establishment (and also prohibit the state's sponsorship and funding of the religious school).

www.supremecourt.gov/DocketPDF/24...

My fellow amici are @bjessiehill.bsky.social, Bill Marshall, @micahschwartzman.bsky.social, @richschragger.bsky.social, and @nelsontebbe.bsky.social. Don Verrilli is the Counsel of Record. [3]

Right I get that the schools don't yet exist--your point. But my point is that the state action doctrine is a distraction.

As we write, it would achieve through the courts much more than has been possible at the ballot box--charter schools affect a much, much larger portion of primary and secondary education than voucher programs do.

The language of state action here is misleading. The question is whether such as school would be a public school, in which case it's okay to exclude religious schools from funding. But of course the state action doctrine is satisfied--the government is deciding whether to fund, and the FEC applies.