the silly language

[Mark Graber]

Is the status quo on vouchers probably this.  Ever since Mueller,
there has been clear precedential support for a Supreme Court
decision declaring vouchers constitutional.  Nevertheless, the
language in most establishment clause cases is such that a justice
could still claim vouchers are unconstitutional without having to
overrule any case explicitly.  Should the court decide the issue
tomorrow, the vote will be the same as today.

Mark A. Graber
mgraber at bss2.umd.edu