A Crack in the Wall

The New York Times

When the Supreme Court took up a case about a school choice program in Arizona this week, Justice Elena Kagan said she had been "puzzling and puzzling" over it. Why, she asked the state's lawyer, instead of providing families with vouchers, is Arizona's program "so much more complicated and complex and unusual"?

The short answer is that the state's Constitution prohibits direct aid to private schools. A more important one is that the convolutions hide a problem we're not supposed to see. The program appears to be unconstitutional. As the United States Court of Appeals for the Ninth Circuit ruled, it appears to violate the First Amendment's establishment clause by disbursing state funds on the basis of religion.

Last year in Arizona, $52.1 million in scholarships helped support more than 27,500 students at private and parochial schools. The money came from letting people who owe state income taxes take a credit, up to $500. They can contribute the amount to 50 or so nonprofit tuition organizations that give money to parents who want to send their children to schools they serve.

Posted by Jim Zellmer at November 6, 2010 2:32 AM
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