Il problema dei finanziamenti pubblici nelle scuole statunitensi: una riflessione sulle Religion Clauses (a partire da Carson v. Makin)

In a 6-to-3 decision, the Court discussed its own precedents once again, intervening in the relationship between the Free Exercise Clause and the Establishment Clause. In Carson v. Makin, the Court ruled about the exclusion of religious schools from a neutral benefit program guaranteed by Maine’s laws. The decision was linked to other precedents such as Espinoza and Trinity, which had so far struck a balance between the Religion Clauses. This analysis focuses also on the consequences linked to the Carson decision. To better understand the issue, it seems to be helpful a comparison with a slightly later ruled case, Kennedy v. Bremerton School District, which is far more impactful in the earlier system.