Gov. Bill Lee’s education savings account program took another hit Tuesday, with the Tennessee Court of Appeals upholding a lower court’s decision that the controversial plan is unconstitutional. 

A three-member panel of the Court of Appeals upheld a previous decision by Davidson County Chancery Court Judge Anne Martin, who ruled against the school-voucher law because it only applies to Memphis and Nashville. 

The state attorney general quickly appealed that decision, hoping to kick off the program with the 2020-21 school year, but the courts blocked the state from receiving applications and preparing for the program’s kickoff for this academic year.

PREVIOUSLY: Judge rules Gov. Bill Lee’s education savings account program unconstitutional

In its appeal, the state argued that education policy is the state’s responsibility — and that the local constitutional protections, known as “home rule,” don’t apply in this case. Martin had ruled that the law violated the home rule