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Supreme Court sets arguments in school voucher case

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The Indiana Supreme Court will hear arguments Nov. 21 over whether the state’s school voucher program is unconstitutional.

The plaintiffs – 12 Indiana residents including educators, clergy and parents of children in public and private schools – filed the lawsuit in July 2011 challenging the Choice Scholarship Program enacted last year. The program gives scholarships, commonly referred to as vouchers, to students whose families meet financial guidelines to attend public or private schools in other districts that charge transfer tuition.

Currently, the number of scholarships that can be awarded is capped, but next year, there will be no limits on the number that may be awarded. Once fully implemented, nearly 60 percent of all Indiana schoolchildren will be legally entitled to receive a scholarship upon application.

The plaintiffs claimed the law violates the General and Uniform System of Common Schools Clause of Article 8, Section 1 of the Indiana Constitution as well as Article 1, sections 4 and 6 because students can use the state-funded vouchers to attend religious schools.

Marion Superior Judge Michael Keele denied their request for a preliminary injunction and in January granted summary judgment for defendants Gov. Mitch Daniels, Indiana Superintendent Dr. Tony Bennett and two defendant intervenors, Heather Coffy and Monica Poindexter. Coffy and Poindexter are parents who want to use the voucher program to pay for part of their children’s tuition at private schools.

Numerous educational groups and schools have joined in the suit, including the Indiana School Boards Association, Evansville Christian School, Marian University and the Becket Fund for Religious Liberty.

 The justices announced the November oral argument on Wednesday. The case is Teresa Meredith, et al. v. Mitch Daniels, et al., 49S00-1203-PL-172.


 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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