What a difference five years makes. In 2017, I feared that the Court was “lead[ing] us ... to a place where separation of church and state is a constitutional slogan, not a constitutional commitment.” Trinity Lutheran (dissenting opinion). Today, the Court leads us to a place where separation of church and state becomes a constitutional violation. If a State cannot offer subsidies to its citizens without being required to fund religious exercise, any State that values its historic antiestablishment interests more than this Court does will have to curtail the support it offers to its citizens. With growing concern for where this Court will lead us next, I respectfully dissent.
-- Supreme Court Justice Sonia Sotomayor, dissenting in Carson v Makin, in which the majority ruled that Maine's tuition support program for secular charter schools must be extended to religious schools, 21 June 2022
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