Cleveland's Voucher Supporters To Appeal Latest Legal Setback

By Jeff Archer

Voucher supporters plan to appeal the latest federal court ruling against the Cleveland Scholarship and Tutoring Program, moving the controversial program a step closer to a possible test before the U.S. Supreme Court.

U.S. District Judge Solomon Oliver Jr. of Cleveland ruled Dec. 20 that the city's state-enacted voucher plan violates the U.S. Constitution's ban on a government establishment of religion. The judge, however, delayed the effect of his ruling pending an appeal by voucher proponents to the U.S. Court of Appeals for the 6th Circuit in Cincinnati. The voucher program can continue operating in the meantime.

The opinion was of little surprise, as Judge Oliver had said last August that the program appeared to be unconstitutional when he issued a preliminary injunction just before the school year began. He quickly modified his order, however, allowing the program to continue for those already participating, but forbidding its expansion. The Supreme Court, without ruling on the substance of the issue, then ordered the removal of even that restriction. ( "Rulings on Voucher Program Cause Turmoil in Cleveland," ...