The Corner

Davey V. Locke & School Vouchers

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.)

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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