He's said in other cases that if a state wants to be a test laboratory for such things, they probably have a Constitutional right to do it. I can't remember if he invoked the 10th Amendment, but I believe that the case was either 'Raich vs. Gonzales' or 'US vs. Stewart' (the most recent 'US vs. Stewart'-named case) where he wrote the 'test laboratory' phrase in a dissenting opinion.
I agree with Thomas. Constitutionally, states have great latitude. We have our knowledge about how well school vouchers are received by the testimony of Wisconsin...and D.C. (though it isn’t a state).
I agree with Thomas. Constitutionally, states have great latitude. We have our knowledge about how well school vouchers are received by the testimony of Wisconsin...and D.C. (though it isn’t a state).