Stare Decisis: Dueling Legal Interpretations of the Douglas County, Colorado Choice Scholarship Program

Abstract

In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation history of the Douglas County, Colorado Choice Scholarship Program; a voucher program incorporating religious-based “public school partners” in which voucher recipients may enroll. We take particular notice of the differences in the way identical fact bases are interpreted by successive jurists. At this writing, the Choice Scholarship Program has been permanently enjoined from operating but further appeal to the U.S. Supreme Court would surprise no one.

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