The Supreme Court has dealt a blow to the religious conservatives when it refused to hear a Maine case filed on the behalf of 8 Maine families by the Institute for Justice. The case seeked to overturn a law that prevents the use of state funds to send students to private religious schools.
Last April, the Maine Supreme Judicial Court ruled that restrictions on tuition vouchers are a valid, constitutional enactment. The court said the state attorney general and the legislature were motivated by a desire to respect and comply with the Constitution rather than any religious hostility.
Also taking a hit was President Bush’s brother Jeb and Bush’s home state of Texas which both filed papers in the case saying that the Maine law is unconstitutionally discriminating against religion.
I would suspect we will see more cases like this being refused or upheld by the SCOTUS especially now that President Bush’s attempt to stack the court with conservative judges took a big hit when the Democrats took control of the House.