Souter Argues Dissenting View

Concord Monitor ^ | July 1, 2002 | Keith Meatto

[Jim Noble]

Justice David Souter broke from the Supreme Court majority yesterday, arguing that his colleagues' decision to allow school vouchers will undermine basic American rights and breed social unrest.

Souter, of East Weare, cast one of four votes opposing yesterday's decision, which concerned vouchers in Cleveland. In a 34-page opinion quoting Jefferson, Madison and 50 years of precedent, Souter argued against compromising the constitutional separation between church and state, even for the sake of helping kids in one of the nation's worst public school systems.

Conflict is certain, Souter argued, if more public money helps students pay for religious schools. Protestant taxpayers may bristle at paying for Catholic education that condemns the death penalty. Many Muslims would cringe at paying for the Zionism taught in Jewish schools. And secular citizens may be loath to fund any religious education.

"Religious teaching at taxpayer expense simply cannot be cordoned from taxpayer politics," he wrote. "And every major religion currently espouses social positions that provoke intense opposition."

Moreover, Souter predicted that religious schools would fall prey to "corrosive secularism," losing independence as their coffers fill with public money.

"A day will come when religious schools will learn what political leverage can do, just as Ohio's politicians are now getting a lesson in the leverage exercised by religion," he wrote.

The First Amendment prohibits the state's "establishment of religion." But majority justices said Cleveland did not run afoul of the Constitution because students can spend their $2,250 vouchers to attend public, private or parochial school.

Souter rejected that argument, contending that the Cleveland system is skewed to favor religious schools, which 96.6 percent of voucher recipients attend. He called the system a "Hobson's choice" because "too few nonreligious school desks are available and few but religious schools can afford to accept more than a handful of voucher students."

As a result, Souter said, "substantial amounts of tax money" are "systematically underwriting religious practice and indoctrination."

Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer joined Souter in his dissent.

[Jim Noble]

Is there a good online article or resource that explains what happened to Souter, and why?

I cannot for the life of me understand how Bush could have nominated this guy. I do understand how the left-wing Senate of the time confirmed him, but without questions?

[jeremiah]

I cannot for the life of me, understand how Bush could have nominated this guy. Bush was/is a liberal in conservative clothing, as is his son.

[laconic]

Sununu (the self-proclaimed "genius" who was Bush, Sr's chief of staff) recommended Souter as a "strong conservative". He's been the most liberal member of the Court, a total failure on the part of this "genius".

[aardvark1]

Conflict is certain, Souter argued, if more public money helps students pay for religious schools. Protestant taxpayers may bristle at paying for Catholic education that condemns the death penalty. Many Muslims would cringe at paying for the Zionism taught in Jewish schools. And secular citizens may be loath to fund any religious education. "Religious teaching at taxpayer expense simply cannot be cordoned from taxpayer politics," he wrote. "And every major religion currently espouses social positions that provoke intense opposition."

How about the conflict that religious people are required to pay for God-hating indoctrination foisted on them by government schools?! Or the conflict that heterosexual already experience when their children are brain-washed by material published by radical homosexuals that passes under the guise of tolerance and diversity. Money is coerced from me at the federal, state, and local level to pay for this drivel. "Intense opposition" has already been evoked by the agenda of the so-called non-religious crowd.

Wake up Justice Souter...the conflict already exists.

[VA Advogado]

Bush was/is a liberal in conservative clothing, as is his son.

I hope you can back up that defamation about our current President.

[SMEDLEYBUTLER]

Souter is an idiot. A reporter should stick a microphone in his face and ask him where in the Constitution we can find the obligation for the public to pay for the education of other people's children. That's the conflict, pinhead.

[rohry]

The moment they found out he was unmarried and still living with his mother is when they should have started asking some questions. Sununu goofed big time on this pick, NH is small enough that he should have found out that this guy was not a conservative.

[Woodman]

Smedley, this is a prime example of Judicial Activism. There is not one iota in his concerns based on law. There is however a bunch of feelings based on fears. I wish Judges would just get back to their basic Jobs which are interpreting and applying the laws of the people. The one area that they do have some discretion is in penalties and punishments, and if they don’t think something is right that is where it should be reflected. They are our servants, not the other way around.

[Puddleglum]

Conflict is certain, Souter argued, if more public money helps students pay for religious schools. Protestant taxpayers may bristle at paying for Catholic education that condemns the death penalty. Many Muslims would cringe at paying for the Zionism taught in Jewish schools. And secular citizens may be loath to fund any religious education.

Souter forgot how many of us already bristle at paying high property taxes to send someone else's kids to crappy, lowest-common-denominator, socially-liberal public schools. When my son gets old enough to attend school I will be incredibly grateful to get some of my money back to send him to a Christian school.

[11th Earl of Mar]

school vouchers will undermine basic American rights and breed social unrest

Look at most of the inner cities in America. Who really believes that the existing social unrest [crime, drugs, violence, rape, drive-by shootings] are caused by the lucky few school children who are able to attend private schools with a voucher.

What a lame argument.

[cornelis]

Religious teaching at taxpayer expense simply cannot be cordoned

Fundamental religious presuppositions are integral to ANY educational program. As at least one of his colleagues on the court would inform him, the idea of "content neutrality" is an illusion.

[iconoclast]

Bush was/is a liberal in conservative clothing, as is his son. I hope you can back up that defamation about our current President.

Well, try this tidbit on for size. Bush is currently backing Sununu's (sp?) kid over Bob Smith in the Senate primary.

I'm pulling for GW, but I fear the acorn doesn't fall far from the tree.

[jeremiah]

If you can't see his record on taxes, or the application of govt versus private resources to solve problems, my listing of examples will not open your blind eyes. Follow the news trail, and keep an open mind.

[Free the USA]

Bump