University of Minnesota Law School Scholarship Repository Constitutional Commentary 2000 Brown's Promise, Blaine's Legacy: A Review Essay Of: Choosing Equality: School Choice, the Constitution, and Civil Society. Joseph P. Viteritti Richard W. Garnet Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Garnet, Richard W., "Brown's Promise, Blaine's Legacy: A Review Essay Of: Choosing Equality: School Choice, the Constitution, and Civil Society. Joseph P. Viteritti" (2000). Constitutional Commentary. 895. https://scholarship.law.umn.edu/concomm/895 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. BROWN'S PROMISE, BLAINE'S LEGACY CHOOSING EQUALITY: SCHOOL CHOICE, THE CONSTITUTION, AND CIVIL SOCIETY. By Joseph P. Viteritti.1 Brookings Institution Press. 1999. Pp. 284. $29.95. Richard W. Garnetr If nothing else, this Review Essay, like Professor Viteritti's book, should be timely. As I write, the United States Supreme Court in Mitchell v. Helms3 has just decided that publicly funded computers and other educational materials may be loaned to private and religious schools. The decision is widely viewed as signaling, if not determining, the constitutional fate of school choice experiments like those in Cleveland and Milwaukee.4 As it happened, just one week before Mitchell, the Sixth Circuit heard oral arguments in Simmons-Harris v. Zelman 5 (the Ohio voucher case) as hundreds of voucher supporters chanted "free dom, freedom!" across the street from the federal court in down town Cincinnati.6 A challenge to Florida's statewide voucher I.