Conservative Connections: Clarence Thomas, Daines and Gianforte and Education Scholarships

Written By Jan Lombardi

Who are the people in power and their relationships that create our public policy? This blog is about connecting the dots.  Supreme Court Justice Clarence Thomas, Senator Steve Daines, and Governor Greg Gianforte, among others, were united in their support for a state school tax credit policy that has dramatically shifted education dynamics in our country.  

  • Blog Note: On January 22, 2020, U.S. Senator Steve Daines's official website conveyed his philosophical ties and relationship with conservative Supreme Court Justice Clarence Thomas.  Senator Daines attended the oral arguments in support of using public funds for religious schools at the invitation of Justice Thomas.  Considering this is a U.S. senator’s official web page supported with public’s dollars, Senator Daines' tone is extremely political and accusatory of individuals, rather than simply informing the public of his position and action on a public policy matter. 

From Senator Daines's web posting on January 22, 2020:  

Sen. Steve Daines said he went to the U.S. Supreme Court on Wednesday to support plaintiffs in the Espinoza v. Montana Department of Revenue case, in which the state is being sued by parents over a prohibition from using public funds for religious schools.

“I am standing in front of the United States Supreme Court about ready to go inside to hear oral arguments about a case very relevant to the state of Montana,” Daines said in a video his office posted. “This is the Espinoza v. Montana Department of Revenue case. This is about the fact that Montana parents and children are being discriminated against simply because of the school that they choose. This is about equal protection under the Constitution. This is about protecting our religious liberty. I’m looking forward to hearing these arguments and seeing Mrs. Espinoza.”

Daines said he was invited to attend oral arguments by Supreme Court Justice Clarence Thomas.

Daines and Rep. Greg Gianforte, both Montana Republicans, are part of an amicus brief on behalf of the plaintiffs. 

Continue reading here…   https://www.daines.senate.gov/2020/01/22/daines-at-supreme-court-to-support-plaintiffs-in-case-against-state/

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What is Espinoza v. Montana Department of Revenue?

“A United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution.”

The state of Montana passed a special income tax credit program in 2015 to help fund non-profit scholarship organizations to help low-income families pay for private schools. For taxpayers, they were able to pay up to US $150 into the program and receive a dollar-for-dollar state tax credit to support it.” Source: Espinoza v. Montana Department of Revenue - Wikipedia

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Guests of Justices are seated in the benches to the right of the Bench and are seated in order of the seniority of the Justice who invited them.  Source: Visitor’s Guide to Oral Argument.

  • Blog Note: There have been numerous stories in the news concerning Justice Thomas' relationship (and that of his wife) – with wealthy donors, and concerns about his ability to conduct judicial business in an unbiased manner.  Outside of this particular Supreme Court case concerning conservative education policy, is there a relationship between Justice Thomas, Senator Daines, and Governor Gianforte?  Or with Justice Thomas' wife, with whom the media has also raised questions concerning her employment and reporting of income from Hillsdale College and Heritage Foundation?  The Gianforte Family Foundation funded these organizations over the  period of 2008-2020, which is the most current public IRS tax record. Source: Clarence Thomas Defends Undisclosed Trips. Here Are the Fact,  Gianforte Fam Charitable Tr - Nonprofit Explorer - ProPublica, Clarence Thomas Failing to Note Wife Ginni's $680k Side Income Resurfaces

  • Blog Note:  In addition to filing the amicus brief for the plaintiffs in Espinoza v. Montana Department of Revenue along with Senator Daines and others, Greg Gianforte has long been an advocate for conservative education policies that support scholarships for students to attend religious schools.  The Gianforte Family Foundation funded millions of dollars to organizations that either provided scholarships or promoted policies to do so. Through the Family Foundation Governor Gianforte and his wife Susan donated to Ed Choice, served as Trustees and donors to Alliance for Choice in Education/Ace Scholarships, and Montana Family Foundation, as well as started a religious private school, Petra Academy in Bozeman, MT.  

In 2021, Governor Gianforte signed into law HB 279 sponsored by Seth Berglee to increase the donor threshold for a tax credit from $150 to $200,000 per taxpayer per year and bumped up the state’s aggregate ceiling from  $1,000,000 per year to $2 million per year, with an annual escalator for future increases.  According to an article in the Great Falls Tribune in December 2022,  State Representative Llew Jones conveyed in an interview Governor Gianforte’s education priorities, including increasing the state tax-credit limit to $5 million per year.  At the time of this blog, SB 118,  Revise aggregate limit on education scholarship tax credit programs, sponsored by John Fuller in the 2023 Montana Legislature missed the deadline for revenue bill transmittal and is considered dead. Sources: Supreme Court Hears Montana Case; Republicans Debate; Fundraising Update | YPR,  Search - Supreme Court of the United States ; Gianforte signs bill greatly increasing education tax credit, Capitol Watch: Governor Greg Gianforte’s Connections to Petra Academy More scholarship funding, more reading, more teacher pay top Gianforte's education priorities, Great Falls Tribune, December 2022

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“Jeff Laszloffy of the Montana Family Foundation, a group that supports “school choice,” which is some form of state assistance or tax credits that help kids attend private schools, said the bill is the culmination of 13 years of work to create meaningful school choice in Montana.”  Source: Gianforte signs bill greatly increasing education tax credit

This blog started simply to point out a relationship among three public officials who share a conservative education policy perspective – Supreme Court Justice Clarence Thomas, Senator Steve Daines of Montana, and Montana Gov. Greg Gianforte.  Research led to numerous connections, bringing forward a web of personal and organizational relationships, and, in some cases, financial relationships based on donations, among the following:  Governor Greg Gianforte,  U.S. Sen. Steve Daines, U.S. Supreme Court Justice Clarence Thomas, the Montana Family Foundation, Montana legislators Llew Jones, John Fuller and Seth Berglee, ACE Scholarships, Ed Choice, Hillsdale College, Frontier Institute and The Heritage Foundation.  Just Facts MT has much more to explore.

Jan Lombardi
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