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n March 2002, former Becket Fund Senior Counsel Eric W. Treene wrote a white paper published by the Federalist Society entitled "The Grand Finale is Just the Beginning: School Choice and the Coming Battle Over Blaine Amendments." Although written before the Supreme Court handed down its decision in Zelman v. Simmons-Harris, it is a valuable description of the history of Blaine Amendments and the coming state battles over school choice programs.
Other policy papers on the subject include:
"Joint Statement of Church-State Scholars on School Vouchers and the Constitution", contained in School Vouchers: Settled Questions, Continuing Disputes, The Pew Forum on Religion and Public Life, August 2002 (discusses state constitutional restrictions on vouchers, their interpretation, and possible federal challenges)
"The 1850s and Beyond: States Strengthen Government's Role in Education and Restrict School Choice", contained in School Choice in Michigan: A Primer for Freedom in Education, by Matthew J. Brouillette; posted on the Mackinac Center for Public Policy website, July 16, 1999 (briefly recounts the history of Blaine Amendments and their precursors)
© 2003 The Becket Fund for Religious Liberty