Moses v. Ruszkowski
New Mexico Supreme Court
No. S-1-SC-34974 (2018)
- Written by Deanna Curl, JD
Facts
The New Mexico Public Education Department administered the Instructional Material Law (IML) used to fund the purchase of textbooks for students. IML books were loaned to public and private school students from the early childhood learning program through the twelfth grade. The department allocated IML money to schools based on the school’s number of enrolled students, and schools were then responsible for implementation of the program for the benefit of students. In Moses II, taxpayers (plaintiff) challenged the constitutionality of the IML, and the court found that it violated the New Mexico Constitution’s prohibition on public funds being used to support private and sectarian schools. The United States Supreme Court subsequently vacated the ruling and remanded the case for a determination in light of the Court’s ruling in Trinity Lutheran.
Rule of Law
Issue
Holding and Reasoning (Vigil, J.)
Dissent (Nakamura, C.J.)
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