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| | ZELMAN V. SIMMONS-HARRIS |
 | | I say confused because the majoritys new use of the choice criterion, which it frames negatively as whether Ohio is coercing parents into sending their children to religious schools, ante, at 14, ignores the reason for having a private choice enquiry in the first place. |
 | | 8 The majoritys view that all educational choices are comparable for purposes of choice thus ignores the whole point of the choice test: it is a criterion for deciding whether indirect aid to a religious school is legitimate because it passes through private hands that can spend or use the aid in a secular school. |
 | | The majority relies on Mueller, Agostini, and Mitchell to dispute the relevance of the large number of students that use vouchers to attend religious schools, ante, at 1617, but the reliance is inapt because each of those cases involved insubstantial benefits to the religious schools, regardless of the number of students that benefited. |
| supct.law.cornell.edu /supct/html/00-1751.ZD1.html (9386 words) |
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