Panel Two: School Choice in the Courts [Archive Collection]

Published: Dec. 9, 2021, 2:12 p.m.

On March 26, 1999, the Federalist Society co-sponsored the Stranahan National Issues Forum with the University of Toledo College of Law. The title of the conference was "Education Reform at the Crossroads: Politics, the Constitution, and the Battle over School Choice." The second panel covered "School Choice in the Courts."
The United States Supreme Court recently declined to review the Wisconsin Supreme Court's holding that Milwaukee's school-voucher program does not violate the First Amendment's Religion Clause, and the Arizona Supreme Court upheld tax credits. Other recent federal-court decisions have embraced many of the constitutional arguments advanced by school choice proponents. In the months to come, other courts in Ohio, Maine, and Vermont, are likely to address this same issue. However, given the twists and turns of the Supreme Courts's Religion Clause jurisprudence, only the Supreme Court will be able to resolve the constitutional questions surrounding vouchers. At this panel, leading constitutional scholars and litigators will discuss various aspects of the problem of school choice programs' constitutionality.

Featuring:

Leonard Leo, The Federalist Society
Richard W. Garnett, Attorney, Miller, Cassidy, Larroca & Lewin
Jeffrey Sutton, Of Counsel, Jones, Day, Reavis & Pogue
Steven R. Shapiro, National Legal DIrector, American Civil Liberties Union

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.