ESA update: ACLU lawsuit and hearing

Karen Gray

Good morning All,

Several of you have contacted me asking for an update on the ACLU lawsuit to stop Nevada's ESA program. I got the lowdown before the holiday break…

Recently, Nevada's attorney general's office filed a motion to dismiss the ACLU's lawsuit. You may recall, the ACLU lawsuit seeks to stop the ESA program, claiming the program violates the state's constitution because parents may choose to educate their children at religious schools. Last week, the parents who intervened (in support of ESAs), represented by the Institute for Justice, filed a written joinder in the state's motion. Also, amicus briefs were submitted by Friedman, Foundation for Excellence in Education, and the Becket Fund for Religious Liberty all in support of the state's motion to dismiss. 

There is currently a hearing set on the motion to dismiss for Nov. 25. The ACLU now has to respond to all of those filings.  They may request an extension of time to do so. So I will keep this on my radar to see if there will actually be a hearing on Nov. 25 or not. I'll let you know the latest.

In the second lawsuit, supported by the Rogers Foundation, a motion for a preliminary injunction was filed. In layman terms, that's the motion to stop the program from starting until the case has been decided. The Responses to that motion are due on Nov. 9. There is no hearing set on the motion for preliminary injunction.

Nevada Attorney General Adam Laxalt has partnered with former U.S. Solicitor General Paul Clement and his law firm, Bancroft, to fight these battles.