Tag Archives: Institute for Justice

Today, in a long-awaited ruling on state Blaine Amendments, the U.S. Supreme Court ruled in favor of three Montana mothers who wished to enroll their children in religious schools with the assistance of a scholarship.

I got a lot of questions yesterday about yet another ruling on the Douglas County voucher program. Was this good news? Was it bad news? Which lawsuit was this anyway? What the heck is going on in Douglas County? It occurred to me after about the 50th question that stuff has gotten pretty complicated when it comes to vouchers in Dougco. We’re going to dedicate today’s post to clearing up the confusion. After all, there’s nothing worse than being perplexed over the weekend. Let’s start from the beginning. Most everyone probably remembers that the original Dougco voucher program was shot down by the Colorado Supreme Court almost a year ago thanks to our state’s icky Blaine Amendment. That decision was appealed to the U.S. Supreme Court, but the whole process was complicated by the tragic (in so, so many ways) death of Justice Antonin Scalia and the fact that SCOTUS had already taken a Blaine-related case out of Missouri. The case remains in limbo somewhere in the echoing hallways of the U.S. Supreme Court, which has yet to decide whether it will hear the case at all. It will likely remain undecided for some time. But Douglas County didn’t want […]

Sometimes even shameful things can work out for good, with good people working hard to make sure kids can keep the quality education options they have received through school choice. In Arizona, thankfully they worked very quickly. Things went awry on March 25, when the Arizona Supreme Court ruled on a shameful lawsuit by shutting down two voucher programs that served special-needs and foster care kids. Even then, though, as my Education Policy Center friend Ben DeGrow reported for School Reform News, there was a ray of light: [Executive director of the Arizona chapter of the Institute for Justice Tim] Keller said that remains a possibility in Arizona, where it could be accomplished by popular vote either through a legislatively initiated referendum or a citizens’ petition drive. “Right now, every conceivable legal option is still on the table,” he said. Fast forward 65 days to this monumental press release from the Alliance for School Choice:

Yesterday I mentioned that Florida is seeking to get rid of the bigoted Blaine Amendment, which some opponents of school choice use to take away opportunities from kids in need. But even in states that don’t have the Blaine Amendment, judges can use parts of the state constitution to strike down school choice programs. Witness yesterday’s decision from a court in another state: It is unconstitutional for the state to give parents money to help pay private-school tuition for their disabled or foster children, the Arizona Court of Appeals decided Thursday. Kids with disabilities and foster kids? That’s harsh. The 2006 law violates the state Constitution’s ban on using public money to aid private schools, the panel said. “The tuition payments aid parents, not schools,” said attorney Tim Keller, who argued to save the tuition payments, known as vouchers. “The intent of the legislation was to help families get their disadvantaged children the best education available.” This news is sad to see. But at least the good people at the Institute for Justice are going to challenge this case to the Arizona Supreme Court.