For those who are interested, my colleague Marc DeGirolami and I have recorded a new episode for our Legal Spirits podcast series on last month’s oral argument in the Blaine Amendments case, Espinoza v. Montana Dep’t of Revenue. The episode touches on a couple of issues that I didn’t address in my short VC post on the case last month, including the standing and mootness arguments that some of you mentioned in the comments. I don’t think those arguments will persuade a majority of the Justices, but Justice Kagan’s point about mootness (if that’s what it is) seems more powerful to me now than it did at first. Anyway, listeners can judge for themselves. Here’s the link.
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