“why should [state legislature] worry about monitoring teachings of religious schools? State is funding general education that they can monitor by testing”
I think Justice Breyer or Kavanaugh raised a question along the lines of whether a religious school whose core “religious” teaching were racist/white supremacist could receive funding under the Maine program. The Asst. state AG arguing for the statute claimed that it was because the state did not have the ability to to monitor whether a fringe religious school was including such teachings, that it excluded all religious schools and restricted eligibility for funding assistance to private schools.