COURT DECISIONS

In School Choice and American Constitutionalism Joseph Viteritti notes: "The anticipation of a landmark ruling [on school choice] has generated much speculation and argumentation within the scholarly community. Should the states be prohibited from granting financial assistance to families who send their children to religious schools? Does excluding parochial schools or their students from a universal voucher program constitute a form of discrimination that violates the Free Exercise Clause of the First Amendment or the Equal Protection Clause of the Fourteenth Amendment?"

Although, as Viteritti states, there is much speculation and argumentation surrounding the anticipation of a landmark school choice ruling, the impact of school choice rulings in the lower courts already quite profound.

The Institute for Justice (IJ), founded in 1991, pursues "cutting-edge litigation in the courts of law and in the court of public opinion on behalf of individuals whose most basic rights are denied by the State." The IJ represents "dozens of parents and children in legal battles across the country in an effort to transfer power over basic educational decisions - including choice of schools - from bureaucrats to parents." In addition, IJ defends school choice programs throughout the country. In fact, their motto on this topic is: "If you have a school choice plan, you have a lawyer."

For more information, visit the school choice cases page on the website of the Institute for Justice or their summary page for each of the following cases:

Cleveland (Ohio School Choice - Gatton, et al. v. Goff, et al.)

Florida (Holmes v. Bush; FEA v. State Board of Education)

Maine (Bagley v. Raymond School Department)

Milwaukee (Jackson v. Benson)

Vermont (Chittenden Town School District v. Vermont Department of Education)