Today’s opinion does not appear to authorize state exclusion of parochial schools from school voucher programs, as the program did offer scholarships to students who attend “pervasively sectarian schools.” (This view is shared by the “merry band of litigators” at the Institute for Justice.) To the contrary, the Rehnquist opinion seems to go out of its way to preserve such claims. (Indeed, some might even suspect that this is why Rehnquist joined the majority and assigned the opinion to himself.)
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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