Vouchers and the constitution - State of the Nation - tuition vouchers - Brief Article

USA Today (Society for the Advancement of Education), May, 2002 by Robert J. Bresler

During the oral arguments, held on Feb. 20, 2002, Justice Sandra Day O'Connor asked the attorney representing Ohio if the state's position required that the Court overturn Nyquist. The attorney noted that Ohio also offered Cleveland parents options, such as going to other public schools or receiving extra funds for tutoring. Nonetheless, the Ohio program does allow substantial funds to go to religious schools, having the same effect as the New York program in Nyquist.

O'Connor may possess the swing vote in this case and, therefore, much hangs on her decision. If, in deciding Zelman, the Supreme Court rigidly clings to the Nyquist precedent, vouchers may die and the hopes of many poor families with them.

Robert J. Bresler, National Affairs Editor of USA Today, is visiting professor of government, Franklin and Marshall College, Lancaster, Pa.