The Supreme Court ruled last week that a Washington State college scholarship program open to students in all academic majors–except theology–is not unconstitutional. Chief Justice William Rehnquist wrote a narrowly tailored 7-to-2 opinion that steered clear of school-choice issues, although the left will now argue that states can constitutionally exclude religious schools from school-choice programs.

Justices Antonin Scalia and Clarence Thomas dissented. Wrote Scalia of Washington’s law: “[I]t violates the Free Exercise Clause no less than if it had imposed a special tax.”