The National Implications of Cain v. Horne

This commentary addresses the Arizona Supreme Court's legal reasoning in Cain v. Horne , which struck down two voucher programs for special needs children pursuant to one of Arizona's Blaine Amendments and explains that the court both failed to apply a straightforward textual analysis and...

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Bibliographic Details
Published in:Journal of school choice 2009-12, Vol.3 (4), p.353-367
Main Author: Keller, Tim
Format: Article
Language:English
Subjects:
Arizona
Blaine Amendment
Cain v. Horne
Court Litigation
disability
Educational Vouchers
Futures (of Society)
Guidelines
School Choice
Special Needs Students
State Legislation
voucher
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Summary:This commentary addresses the Arizona Supreme Court's legal reasoning in Cain v. Horne , which struck down two voucher programs for special needs children pursuant to one of Arizona's Blaine Amendments and explains that the court both failed to apply a straightforward textual analysis and ignored the analytical framework its prior precedents had properly established. The article then places the decision in a national context by discussing the implications for future school choice programs in states with similar constitutional provisions and demonstrates why Cain is not persuasive legal authority.
ISSN:1558-2159
1558-2167
DOI:10.1080/15582150903426325