Clarence Thomas May Get to Overturn Case He Opposed 22 Years Ago
Clarence Thomas was one of two justices who dissented in a 2004 case that could come before the court again.
Justice Clarence Thomas may soon have the opportunity to help overturn a 2004 Supreme Court ruling that allowed states to deny scholarship funding to students pursuing ministry degrees. A petition filed by Virginia college student Bethany Hall seeks to overrule Locke v. Davey, which stated that a state may exclude students pursuing devotional theology degrees from a public scholarship program without violating the First Amendment's Free Exercise Clause.
The case comes before a Supreme Court that has recently expanded protections for religious schools, organizations, and individuals claiming violations of their free exercise rights. If the court agrees to hear Hall's appeal, they would decide whether states can continue to deny public financial aid to students because they pursue religious ministry and theology degrees.
If the Supreme Court grants cert, they are most likely to reverse the Fourth Circuit and kill off Locke, according to Seth Chandler, Law Foundation Professor of Law at the University of Houston Law Center.
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