LAS VEGAS REVIEW-JOURNAL – Two reasons judge is wrong in ESA ruling

The state’s Republican establishment was gleeful Wednesday, after Clark County District Court Judge Eric Johnson ruled the new Education Savings Account program was constitutional.

ESAs, as they’re called, allow parents to take the state portion of education dollars and use the money for everything from books to tutoring to tuition at private schools.

The American Civil Liberties Union of Nevada brought suit, contending ESAs were unconstitutional because they’ll end up directing state education money to private, religious schools, in apparent violation of Article 11, Section 10 of the state constitution.

But Johnson ruled that the constitution is no barrier to funding religious academies, dealing a blow to one of the strongest arguments against ESAs.

Here are two reasons Johnson’s ruling may be overturned by the state Supreme Court.

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