Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, November 3, 2010

School choice in the Supreme Court

Today (in a few minutes, actually) the Supreme Court will hear oral arguments in a school-choice and church-state related case out of Arizona, called Arizona Christian School Tuition Organization v. Winn.  (To learn more about the case, check out this helpful summary at SCOTUSBlog, and this argument preview by Lyle Denniston.)

There is a non-trivial chance that the Court will not reach the merits of the First Amendment challenge to Arizona's (very successful and entirely, in my view, sound-as-policy-matter) tuition-tax-credit program.  But, if they do, they should certainly uphold the program, and reverse the Ninth Circuit's misguided misinterpretation and misapplication of Zelman.  Programs like Arizona's are proving more successful, and more politically do-able, than "voucher" programs, and they are essential to education reform.

https://mirrorofjustice.blogs.com/mirrorofjustice/2010/11/school-choice-in-the-supreme-court.html

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