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23 Cardozo L. Rev. 1281 (2001-2002)


As this Essay goes to press, the Supreme Court is considering whether Ohio's school-choice program violates the First Amendment to the United States Constitution. In my view, the Ohio program is sound public policy, and it is consistent with the Justices' present understanding of the Establishment Clause. I also believe that the Court will and should permit this experiment, and our conversations about its merits, to continue. The purpose of this Essay, though, is not to predict or evaluate ex ante the Court's decision. Instead, my primary aim is to suggest and then sketch a few broad themes that--once the decision comes down, the dust settles, and the "spin" subsides-could enrich our deliberations about school-choice proposals specifically, and also, more generally, about education, religious freedom, and democratic citizenship.



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