[frmrda]

It is, you have to read the whole opinion. Also, he joined Rehnquist's majority opinion, which discusses in great detail why this system does not violate the Establishment Clause.

I think Thomas writes things like this just to rub it in the face of all those liberals who opposed him on Anita Hill grounds, rather than just being honest and disagreeing w/ him b/c he's a conservative and doesn't toe the liberal line.

[r9etb]

Thomas is brilliant: Whatever the textual and historical merits of incorporating the Establishment Clause, I can accept that the Fourteenth Amendment protects religious liberty rights. But I cannot accept its use to oppose neutral programs of school choice through the incorporation of the Establishment Clause. There would be a tragic irony in converting the Fourteenth Amendment’s guarantee of individual liberty into a prohibition on the exercise of educational choice.

That's it in a nutshell -- to exclude certain choices on Establishment grounds represents an establishment in its own right: "you can use this anywhere except at a religious school."

[Aquinasfan]

It is, you have to read the whole opinion. Also, he joined Rehnquist's majority opinion, which discusses in great detail why this system does not violate the Establishment Clause.

Did the decision just come down? Vouchers won?!