Wednesday, June 27, 2012
Happy 10th birthday to Zelman v. Simmons-Harris
I know that the whole world is focused on the upcoming Affordable Care Act decisions, but, ten years ago today, the Supreme Court decided -- the Court's opinion was authored by Chief Justice Rehnquist -- Zelman v. Simmons-Harris, which upheld the Cleveland school-choice program and, in my view, correctly said that the First Amendment does not disable governments from experimenting meaningfully (i.e., in a way that includes religious schools) with "vouchers", tax credits, scholarships, etc. For more, see my "The Right Questions about School Choice: Education, Religious Freedom, and the Common Good" (here).
Although the progress has been slow, and the political "headwinds" are still strong, my sense is that various states (including my own Indiana) are starting to try the kinds of programs and policies that Zelman allowed. More, please.
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