Paul Bender, the lawyer who argued for Arizona residents opposed to the program, said there is a big difference between the Arizona scheme and voucher programs that the Supreme Court has upheld.
"In giving parents a voucher, nobody said to the parents, 'What's your religion?'" Bender said.
But Chief Justice John Roberts and Justices Samuel Alito and Antonin Scalia voiced varying degrees of support for the Arizona program.
No shock from Scalito, to be sure. Stealth Bomber Roberts is tipping his hand quickly, no?
The NYT has officially editorialized against his anti-First Amendment stance, too:
The choice offered parents and children through the program sounds great but is often restricted. Most scholarships are awarded by school tuition organizations that choose students on the basis of religion, to go to religious schools. Handing out the funds on the basis of religion is unconstitutional. It is a government spending program directed by tens of thousands of taxpayers.
But, Anthony Kennedy appears to be on the state of Arizona's side, which means this is probably a 5-4 win for breaking the First Amendment. Way to go, Darth Obama.
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