This is the Kator Daily Podcast for Monday, October 10,

2022. I'm Caleb Brown. In Kentucky this week, the state Supreme Court

will hear a case with big implications for educational freedom.

One key issue is the private money donated to scholarship granting organizations

for the purposes of giving parents robust school choice.

Is that money public money? And if so, what are the implications for

other kinds of donations made within the state?

Kia McNary is a parent seeking educational options for her own children in Kentucky.

David Hodges is an attorney at the Institute for Justice.

We spoke last month.

Educational freedom, school choice, legislation

has a long history in courts and if you don't mind just detail what how

has school choice performed when subjected to core scrutiny.

School choice has generally performed pretty well.

It's been a long journey.

About 30 years ago, the first educational choice program was created and after it was

created it was off to court. In the very beginning there were big questions about

the First Amendment specifically the establishment clause and the free exercise clause and these were the lofty questions

about whether educational choice was constitutional under the First Amendment.

But over the past 30 years there have been several Supreme Court cases,

Zelman in 2002, Espinoza in 2020, and Carson in 2022 that have basically put those issues to bed.

During, over the past 30 years, there have also been these state constitutional issues.

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