The question now is where the court will stop. Some critics suggest the conservative supermajority is more theocratic than secular and that it is ultimately aiming to require equal taxpayer funding for public and religious schools. Stanford law professor Michael McConnell calls that implausible, but he notes that in the aftermath of COVID-closed classrooms and months of Zoom classes, more parents may be willing to try private schools.

MICHAEL MCCONNELL: Private schools, much more frequently, kept open and did their best to continue to serve the kids during this time. Also, parents got a window into the content of what was being taught, and sometimes they didn’t like that. And I do think that this is a moment when the interest in alternatives to the public school system is especially high.