Today the New Mexico Supreme Court issued its decision in Moses v. Skandera, holding that the Instructional Materials Law, under which the state loans secular textbooks to children attending private schools, violates Article XII, Section 3 of the New Mexico Constitution.
The opinion by Justice Chavez reverses the Court of Appeals’ opinion, which had upheld the statute.
I represented some private schools and private school students who intervened and argued that the statute should be upheld, so I won’t comment on the merits, but of course I’m disappointed with this result.
