Marie Gryphon, The Cato Institute Policy Analysis No. 466
February 4, 2003
In this report, Marie Gryphon, an attorney for the Cato Institute, summarizes the details of the Zelman Supreme Court case and offers school choice advocates what is essentially a how-to guide for developing a choice program that would likely pass constitutional muster. In addition to clearly explaining the test the Court used to determine whether the Cleveland case offended the establishment clause of the First Amendment, Gryphon advises choice advocates to avoid plans that would not pass the Zelman test, even if in theory they would be protected by the free exercise clause of the same Amendment. To read this analysis, go to http://cato.org/pubs/pas/pa-466es.html.
