Supreme Court hears Zelman v. Simmons-Harris

For a brief case summaries, please see:

• Zelman v. Simmons-Harris
• The decision of the 6th Circuit panel is reported as Simmons-Harris v. Zelman, 234 F.3d 945 (6th Cir. 2000).
• The decision of the federal district court judge is reported as Simmons-Harris v. Zelman, 72 F.Supp. 2d 834 (N.D. Ohio 1999). [Scroll down to Ohio or use your browsers "Find" feature to locate Ohio.

For excellent commentary on the U.S. Supreme Court hearing, please see:

High court's pending vote on vouchers won't be end of the story
Inside the First Amendment

By Charles Haynes
Senior scholar, First Amendment Center

March 03,.2002

Winning at the Supreme Court requires being able to count to five.

After listening Feb. 20 to what the justices had to say during oral arguments on school vouchers, I don't think either side can be entirely confident of counting past four. But the pro-voucher forces appear to have the edge.

Chief Justice William Rehnquist as well as Justices Anthony Kennedy, Clarence Thomas and Antonin Scalia are clearly ready to declare vouchers constitutional. (Thomas — as usual — didn't ask any questions. But his position on this issue is well known.) Justices Ruth Bader Ginsburg, David Souter, Stephen Breyer and John Paul Stevens are just as likely to go the other way. . . .

Read Entire Article

For Updated discussions as of June 23, 2002, check these links

• Vouchers at the Supreme Court: America's Traditions of Church-State Separation and Public Education Hang in the Balance
• Court Brief: Cleveland Voucher Program Unconstitutional
• Public Education Advocates Mobilize As Supreme Court Hears Religious School Voucher Case
• Cleveland Voucher Program Before The Supreme Court
• As Court Prepares Ruling in Cleveland Voucher Case, Gov't Aid to Religious Schools is "Done Deal"

6/27/02 The Decision is delivered:

Supreme Court Rules on Voucher Case

WASHINGTON (AP) - The Supreme Court ruled Thursday that tuition vouchers are constitutional, a landmark church-state decision that could fundamentally change the educational landscape by allowing wider public financing of religious schools.

Supreme Court Upholds School Voucher Programs

Reaction

ACLU Calls Supreme Court Ruling on Vouchers "Bad for Education, Bad for Religious Freedom"

Supreme Court Upholds Cleveland Voucher Plan, Further Weakening Wall Between Church And State

Supreme Court Ruling For Religious School Vouchers Shifts Battle to States, Congress, Says AU
Despite Court Ruling, Voucher Schemes Will Still Face Major Hurdles, Says AU's Lynn

Stern Dissent as High Court Splits 5-4, Approves Cleveland Voucher Program to Aid Religious Schools
Supreme Court Upholds Voucher Aid To Religious Schools; Dissenting Justices Warn Of Religious Conflict

Additional Information:

[Editor's note: This statement is especially rich: "The instant program is one of true private choice, consistent with the Mueller line of cases, and thus constitutional." (Chief Justice Rhenquist.) Guess who wrote the opinion in Muller as well as this case? None other than Chief Justice Rehnquist. It took him 19 years to accomplish it, but he finally gets to have his name entered into the church state jurisprudence record book.
It's all about politics.

Summary of Zelman Case

Transcript of Supreme Court Presentation

Nos. 00-1751, 00-1777 and 00-1779
Brief for the United States as Amicus Curiae
Prepared by the Solicitor General's Office of the Department of Justice
Also available as PDF file at http://www.usdoj.gov/osg/briefs/2000/2pet/5ami/2000-1751.pet.ami.pdf

Nos. 00-1751, 00-1777, and 00-1779
Brief for the United States As Amicus Curiae Supporting Petitioners
Prepared by the Solicitor General's Office of the Department of Justice
Also available as PDF file at http://www.usdoj.gov/osg/briefs/2001/3mer/1ami/2000-1751.mer.ami.pdf

Links to extensive information on Voucher Systems

FindLaw Case Summary and links to more information