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October 8, 1999/28 Tishri 5760, Vol. 52, No.6
U.S. Supreme Court cases could signal view on vouchers
DANIEL KURTZMAN
Jewish Telegraphic Agency
WASHINGTON - An important church-state case on the docket of the U.S. Supreme Court could serve as a bellwether for the justices' stance on the controversial issue of taxpayer aid to religious schools. The high court, which began its new term this week, is slated to hear arguments in a case concerning the constitutionality of a federal law that allows public school systems to lend library books, computers and other instructional items to religious schools.
The case could have ramifications for school voucher programs - the hot-button issue at the heart of the debate over taxpayer funding of parochial schools and long a source of division in the Jewish community. Although the case does not directly address vouchers, legal analysts say it nonetheless could signal the positions of the justices on the issue.
The 1999-2000 term may also produce rulings that could significantly change the balance of power between the federal government and the states - an issue that carries broad implications for Congress' legislative authority and by extension, for the lobbying activities of the Jewish community and other interest groups.
The justices are expected to add dozens of other cases to the docket over the next few months, possibly weighing in on various church-state disputes around the country. In fact, on Oct. 4, the first day of the court's term, the justices decided to leave intact a ruling by the Arizona Supreme Court that allows Arizona residents to get a tax break for contributing to groups that offer scholarships to students at private religious schools. Without comment or dissent, the court let stand the lower court's ruling that the Arizona law does not violate the separation of church and state. The action could prompt other states to adopt similar measures.
Other cases pending in lower courts about prayer at high school graduation ceremonies and football games may also reach the high court this year, according to Steve Freeman, director of legal affairs for the Anti-Defamation League. The justices are expected to eventually rule on school vouchers, but it remains unclear whether they will do so this term.
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