William & Mary Law Review Volume 42 (2000-2001) Issue 3 Institute of Bill of Rights Symposium: Article 9 Religion in the Public Square March 2001 Social Meaning and School Vouchers Neal Devins William & Mary Law School,
[email protected] Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Constitutional Law Commons, Courts Commons, Education Law Commons, and the Supreme Court of the United States Commons Repository Citation Neal Devins, Social Meaning and School Vouchers, 42 Wm. & Mary L. Rev. 919 (2001), https://scholarship.law.wm.edu/wmlr/vol42/iss3/9 Copyright c 2001 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr SOCIAL MEANING AND SCHOOL VOUCHERS NEAL DEvINs* The more things change, the more they seem to stay the same: In 1981, I wrote a paper on the constitutionality of school vouchers for a law school course. At the time, it appeared that a sharply divided Supreme Court would reject vouchers, five to four. Two decades later, it appears that a sharply divided Supreme Court might well uphold vouchers, five to four. For this very reason, academics and others continue to fill the pages of law reviews with competing analyses of whether school vouchers violate the Establishment Clause.' Far more tellingly, during the 2000 elections, Court watchers claimed that the winner of the presidential race would control the constitutional fate of school vouchers (by, presumably, appointing the Justice who will cast the deciding vote in a constitutional challenge to school vouchers).2 * Goodrich Professor of Law and Lecturer in Public Policy, College of William & Mary.