Moses v. RuszkowskiAnnotate this Case
In Moses v. Skanders (Moses II), the New Mexico Supreme Court considered whether using public funds to lend textbooks to private school students violated Article XII, Section 3. In Moses II, the Court held the plain meaning and history of Article XII, Section 3 forbade such lending. The U.S. Supreme Court subsequently vacated the New Mexico Court's judgment and remanded the case for further consideration in light of Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S.Ct. 2012 (2017). On remand, the New Mexico Court concluded its previous interpretation of Article XII, Section 3 raised concerns under the Free Exercise Clause of the First Amendment to the United States Constitution. To avoid constitutional concerns, the Court held that the textbook loan program, did not result in use of public funds in support of private schools as prohibited by Article XII, Section 3. The Court also held the textbook loan program was consistent with Article IV, Section 31 of the New Mexico Constitution, which addressed appropriations for educational purposes, and Article IX, Section 14 of the New Mexico Constitution.