Education

Federal File

By Mark Walsh — September 12, 2001 1 min read
  • Save to favorites
  • Print

Starr’s Out?

The U.S. Supreme Court is expected to decide by early next month whether it will review the constitutionality of the Cleveland voucher program.

If the justices agree to take the case, as many legal experts predict, it will set the stage for one of the most important rulings in education law in a generation. The stakes are so high in the appeal in Zelman v. Simmons- Harris that the pro-voucher side has been unable to keep an internecine squabble out of public view.

At issue is who would argue in support of vouchers should the justices grant full review of the case. The state of Ohio, which enacted the Cleveland voucher program and has been its chief defender in numerous lower-court battles, has decided that Judith French, an assistant state attorney general who has argued one case before the high court, would present the voucher argument.

Ohio Attorney General Betty D. Montgomery has made that choice even though her office has also hired former U.S. Solicitor General (and Whitewater Independent Counsel) Kenneth W. Starr for its voucher legal-defense team.

Mr. Starr argued numerous cases before the Supreme Court as solicitor general during the administration of former President George Bush. He also helped defend the Milwaukee voucher program in the Wisconsin Supreme Court.

Clint Bolick, the litigation director of the Institute for Justice and a longtime voucher advocate, is appalled by the decision.

“The question of who will present the most important 30 minutes in the history of the school choice movement is very serious,” he said last week. “It would be an odd spectacle having him on the sidelines rather than at the podium” in the Supreme Court.

Neither Mr. Starr nor the Ohio attorney general’s office returned calls for comment last week. But Ms. Montgomery told the ThePlain Dealer in Cleveland that Mr. Bolick’s criticisms were “a real insult” to Ms. French.

Events

Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar The Trump Budget and Schools: Subscriber Exclusive Quick Hit
EdWeek subscribers, join this 30-minute webinar to find out what the latest federal policy changes mean for K-12 education.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Curriculum Webinar
End Student Boredom: K-12 Publisher's Guide to 70% Engagement Boost
Calling all K-12 Publishers! Student engagement flatlining? Learn how to boost it by up to 70%.
Content provided by KITABOO

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Quiz What Is the Average Teacher Salary for the 2024-25 School Year? Take This Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz Are You Keeping Up With Trump’s Big Changes to K-12 Funding? Take This Weekly Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Quiz How Is Trump Changing School Discipline Rules? Take This Week’s Quiz
Test your knowledge on the latest news and trends in education.
1 min read
Education Briefly Stated: April 30, 2025
Here's a look at some recent Education Week articles you may have missed.
8 min read