Wednesday, October 20, 1999
Ohio takes voucher case to U.S. Supreme Court justice
BY MIKE WENDLING
The Associated Press
CLEVELAND — The state on Tuesday asked a U.S. Supreme Court justice to overturn a federal judge's order that temporarily bars new students from participating in Ohio's school voucher program.
Ohio Attorney General Betty Montgomery made the request to U.S. Supreme Court Justice John Paul Stevens, who handles emergency matters for the federal judicial circuit that includes Ohio.
U.S. District Judge Solomon Oliver Jr. is hearing a claim that the 4-year-old program violates the constitutional separation of church and state.
6th Circuit silent
He ruled in August that only previous recipients of vouchers could obtain financial help from the state until he rules on the program's constitutionality. He has set a Dec. 13 trial date.
The state appealed Judge Oliver's ruling before the 6th U.S. Circuit Court of Appeals in Cincinnati on Aug. 30, but never received a response.
Ms. Montgomery said 60 families have withdrawn their children from the program because of uncertainty caused by Judge Oliver's ruling. The program has 817 new participants this year.
“We are simply perplexed why the Court of Appeals has not issued any ruling (or even an explanation of its inaction),” Ms. Montgomery wrote.
Steve Benen, spokesman for Americans United for Separation of Church and State, which is opposed to vouchers, criticized Ms. Montgomery's action.
“We believe the state's action today reeks of desperation,” he said. “We believe this shows they aren't confident that they will win their case. It shows a remarkable impatience on the part of the state.”
More than 4,000 students from kindergarten through sixth grade have signed up for as much as $2,500 in tuition vouchers for private schools in Cleveland. Most of the 56 schools are religious institutions.
"Exceptional' case
Ms. Montgomery said it's unusual to request a stay from the Supreme Court while a similar request is pending before an appellate court, but added, “this case is one of the "exceptional' or "unusual' few where such a stay is warranted.
“These children, even if they are new to the program this year, have an interest in attending the school that their parents have chosen for them. Their parents themselves also have an interest...,”Ms. Montgomery wrote.
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