Legal Commentary

Today, in an opinion written by law-and-religion scholar Michael McConnell, the United States Court of Appeals for the Tenth Circuit ruled that Colorado violated the Constitution when it refused, on the ground that the school is "pervasively sectarian", to permit otherwise-qualified students to use publicly funded scholarships at Colorado Christian University.  Here is a link to the opinion.  The court found "the exclusion unconstitutional for two reasons:  the program expressly discriminates among religions without constitutional justification, and its criteria for doing so involve unconstitutionally intrusive scrutiny of religious belief and practice."  Any reactions?