I think it makes a lot of sense for the question of the voucher programs to take place at this level. It really is a dispute about how education should be structured and public money spent. You may think the state court went to far, reading too much meaning into that state constitutional clause in pursuit of its own policy preferences, but it's not all that hard to change a state constitution -- unlike the federal Constitution. If the people of the state really want the program, they can get it. And if they don't like they approach to state constitutional law their state judges take, there are democratic solutions to that too.
Althouse has the only level headed response to the despicable Florida ruling that I have read in the blogosphere. If Florida wants vouchers, its up to them to get them. I still think that the judges in Florida are result oriented shmucks, but that is neither here nor there.
This is why Federalism is such a great system, if the people that want vouchers can’t get them in Florida they are free to move to a state that has them (as long as they don’t mind moving to a bad neighborhood in Cleveland anyway) . If this had been the Supreme Court we would have all been screwed.
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