American Federation for Children is understandably over the moon to learn that the Supreme Court is going to review the recent school choice decision in Arizona.
But one line of their presser caught my eye. They write that, “This marks the second time in U.S. history that the U.S. Supreme Court will hear a school choice case, after its 2002 ruling in the Zelman v. Simmons-Harris case declaring school voucher programs constitutional.”
Really? Wasn’t Zelman was the culmination of a series of cases that set-up a non-preferential standard that was extended to school tuition in that specific case. And then there is a roster of cases about tax credits, transportation, etc…and a free exercise case earlier in the decade as well. In other words, this is pretty well trod, albeit highly controversial and evolving, ground isn’t it?