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Supreme Court to Look at Vouchers
Yahoo News ^ | 9/25/01

Posted on 09/25/2001 7:26:56 AM PDT by SAMWolf

WASHINGTON (AP) - The Supreme Court agreed Tuesday to decide whether school voucher programs like those favored by the Bush administration are a constitutional use of taxpayer money.

The court said it will hear three related cases arising from a program that provides tuition aid to parents of nearly 4,000 students in failing public schools in Cleveland.

Lower courts reached opposite conclusions about whether the program is unconstitutional government promotion of religion.

A high court ruling is expected by June.

The Ohio program offers the justices an opportunity for a broad ruling on a long-simmering political issue that generally pits social conservatives and some inner-city parents against civil liberties groups and teachers' unions.

School vouchers were a centerpiece of President Bush's education platform during his campaign, and his top Supreme Court lawyer filed an uninvited friend-of-the-court brief urging the justices to take on the Cleveland dispute.

Solicitor General Theodore Olson argued that the Cleveland program is constitutional, because it provides the same amount of cash help to students no matter whether they enroll in church-run schools or nonreligious private academies.


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About time!
1 posted on 09/25/2001 7:26:56 AM PDT by SAMWolf
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To: SAMWolf
The key question will revolve around the "Lemon" Test. I will see if I can find it.
2 posted on 09/25/2001 7:29:07 AM PDT by imberedux
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To: SAMWolf johniegrad, Easy_Shark, Catholicguy, patent, aposiopetic, salvation,antoninus
In Lemon v. Kurtzman (1971), the (U.S.) Supreme Court set forth a three-prong test to determine whether the Establishment Clause has been violated. Various Supreme Court justices have challenged the continuing validity of the Lemon test...Nevertheless, Lemon remains the law of the land. According to Lemon, a statute does not violate the Establishment Clause when (1) it has a secular legislative purpose, (2) its primary effect neither advances nor inhibits religion, and (3) it does not excessively entangle government with religion.

The Ohio Court found:

We conclude that the School Voucher Program has a secular legislative purpose, does not have the primary effect of advancing religion, and does not excessively entangle government with religion. Accordingly, we hold that the School Voucher Program does not violate the Establishment Clause of the First Amendment to the United States Constitution.

I suspect (and hope) the SCOTUS will agree.

3 posted on 09/25/2001 7:34:09 AM PDT by imberedux
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To: Huck, Kevin Curry, Cultural Jihad, Dane, Roscoe, CWOJackson, LarryLied, Fred25
fyi
4 posted on 09/25/2001 7:34:31 AM PDT by imberedux
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To: ELS, Investment Biker, MasonGal, St.Chuck, thathamiltonwoman, not-an-ostrich, VermiciousKnid
fyi
5 posted on 09/25/2001 7:37:48 AM PDT by imberedux
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To: MrChips, Mannaggia l'America, ArrogantBustard, Bush2000, pegleg, Always A Marine, livius, sockmonkey
fyi
6 posted on 09/25/2001 7:38:14 AM PDT by imberedux
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To: BlueAngel, who_would_fardels_bear, Kate_Malloy, Diago, Mother of Eight, protectrunborn, gkbelloc,
fyi
7 posted on 09/25/2001 7:38:36 AM PDT by imberedux
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To: ligeia, dumb_ox, askel5, victim soul, alaska_seeker, Campion, Pyro7480, GKBelloc, ninenot,
fyi
8 posted on 09/25/2001 7:38:50 AM PDT by imberedux
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To: Little John, father_elijah, aquinasfan, workerbee, proud2Bamerican, traditional1
fyi
9 posted on 09/25/2001 7:39:01 AM PDT by imberedux
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To: cap'n crunch, marshmallow, Mr.Chips, chemainus
fyi
10 posted on 09/25/2001 7:39:15 AM PDT by imberedux
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To: SAMWolf
If we could get vouchers going here in Washington, I'd rip my daughter out of the public school so quick! It's about time the rights of the parents are respected instead of some politician's!
11 posted on 09/25/2001 7:43:40 AM PDT by Lucky2
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To: imberedux
The Ohio Court found:

We conclude that the School Voucher Program has a secular legislative purpose, does not have the primary effect of advancing religion, and does not excessively entangle government with religion. Accordingly, we hold that the School Voucher Program does not violate the Establishment Clause of the First Amendment to the United States Constitution.

Where do you get your info from? Both the trial court and the 6th Circuit ruled that the voucher program in Ohio is unconstitutional.

12 posted on 09/25/2001 7:46:35 AM PDT by gdani
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To: imberedux
If it will allow your neighbor to send his child to the "Satan Elementary"
in "Wherever Falls, Whatstate" and get reimbursed for doing so...

If it will allow a neighbor to send his child to a non-state sponsored
school that is specifically designed to teach prejudice and indifference
with a common Atheist theme... and get reimbursed for doing so...

Then the bill would pass the "Lemonade".

But is that what "conservatives" really want?

(I don't)

 

13 posted on 09/25/2001 7:47:05 AM PDT by Deep_6
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To: SAMWolf
Maybe they should first consider the question of whether ANY federal spending on education is Constitutional (hint: it isn't.)
14 posted on 09/25/2001 7:49:30 AM PDT by Maceman
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To: gdani
They did, but not for that reason. It had to do with the way the state appropriated the monies and they fixed that.
15 posted on 09/25/2001 7:50:59 AM PDT by imberedux
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To: Lucky2
Bingo. Parent's and families is what choice is all about. The AFT and NEA are all about teachers salaries and left wing politics.
16 posted on 09/25/2001 7:51:47 AM PDT by imberedux
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To: Deep_6
But is that what "conservatives" really want?

(I don't)

Indeed. *If* vouchers are ruled constitutional and *if* a wave of people start removing their kids from public schools as a result, those private schools - including religious ones - will soon find themselves so regulated that they will be virtually indistinguishable from public schools.

With the sheckles come the shackles.

17 posted on 09/25/2001 7:52:43 AM PDT by gdani
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To: Deep_6
That happens now only they call them "public schools". As for what conservatives want -- less government, more competition, better results.
18 posted on 09/25/2001 7:52:45 AM PDT by imberedux
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To: gdani
With the sheckles come the shackles.

Real world experience shows you are deeply in error.

19 posted on 09/25/2001 7:54:09 AM PDT by imberedux
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To: imberedux
As for what conservatives want -- less government, more competition, better results.

Except, apparently, when it comes to airline and airport security...

20 posted on 09/25/2001 7:54:49 AM PDT by gdani
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