Zelman v. Simmons-Harris
U.S. Supreme Court Victory for School Choice; Cleveland Voucher Program Upheld


IJ client Robert Kitchen and daughter


IJ client Christine Suma and children

On June 27, 2002, the U.S. Supreme Court upheld the constitutionality of Cleveland’s school choice program in the most important education decision since Brown v. Board of Education. The court’s ruling in Zelman v. Simmons-Harris removed the federal Constitution from the legal arsenal of teachers’ unions and other school choice opponents and opened the door to full vindication of Brown’s promise of equal educational opportunity for all.

The federal lawsuit was the second brought by school choice opponents against the Cleveland program; in the first challenge, filed in state court, the Ohio Supreme Court also declared school choice constitutional.

The Cleveland Scholarship and Tutoring Program provides children from low-income, inner-city families with publicly funded scholarships to attend the private school of their parents’ choice. (Suburban public schools were invited to join the program, but refused.) The program was implemented as part of a comprehensive effort by the Ohio Legislature to aid one of the most troubled public school districts in the country. For more information about school choice in Cleveland and nationwide, Visit our comprehensive School Choice Media Kit.

Essential Background		Images
Backgrounder: none available		Client Photo - none available
Latest Release: Victory for School Choice (June 27, 2002)		Client Video

Launch Release: Parents Intervene to Defend Cleveland School Choice Program In Federal Lawsuit (July 27, 1999)		Legal Briefs and Decisions
		Download the U.S. Supreme Court Zelman Opinion
		Download IJ's Brief on the Merits to the U.S. Supreme Court
		Sixth Circuit Court's Opinion (December 11, 2000)
		Download: Supreme Court Order for Stay (November 5, 1999
		Download: Judge Solomon Oliver, Jr., Ohio Judicial Order (August 27, 1999)
		Amicus Briefs collected from supporters of School Choice

		Other Briefs on the Merits
		Download: Hanna Perkins School, et al.
		Download: State of Ohio

Case Timeline
Unions’ Filed Lawsuit:		July 20, 1999
IJ Intervention Filed:		July 27, 1999
Court Filed:		U.S. District Court of the Northern District of Ohio
Decision(s):		August 24, 1999: U.S. District Court granted unions’ injunction request, halting program as litigation proceeded
		November 5, 1999: U.S Supreme Court stayed injunction, allowing program to continue
		December 20, 1999: U.S. District Court struck down scholarship program as unconstitutional
		December 11, 2000: 6^th U.S. Circuit Court of Appeals upholds trial court decision declaring program unconstitutional
		September 25, 2001: U.S. Supreme Court agrees to review case
		February 20, 2002: U.S. Supreme Court hears oral argument
		June 27, 2002: U.S. Supreme Court declares school choice constitutional
Status:		Case Completed

Additional Releases		Maps, Charts and Facts
Release: School Choice Parents & Their Lawyer Discuss Today's U.S. Supreme Court Argument (February 20, 2002)		Visit our comprehensive School Choice Media Kit
Release: U.S. Supreme Court Battle for School Choice Draws Unprecedented Support (November 8, 2001)		Op-eds, News Articles and Links
		Article: Counsel of Choice (August 2004)
Release: U.S. Supreme Court Will Review Cleveland School Choice Case (September 25, 2001)		The Washington Post: Court Upholds Ohio School Vouchers- Ruling Says Program Offers Poor Families Freedom of Choice (June 28, 2002)
Release: Bush Administration Files Brief Urging U.S. Supreme Court To Review Cleveland School Choice Case (June 22, 2001)		The Wall Street Journal: A Chance, Not a Choice (February 19, 2002)
Release: Institute for Justice Asks U.S. Supreme Court To Hear School Choice Case (May 23, 2001)		The Washington Times: School Choice is Academic (March 4, 2001)
Release: Court Grants Stay for Choice Program: Kids Safe Through U.S. Supreme Court Appeal (March 8, 2001)		The Wall Street Journal: Our Brown v. Board (February 19, 2001)
Release: Entire Sixth Circuit Declines to Review School Choice Case, Appeal Now Headed to U.S. Supreme Court (March 1, 2001)		New York Times: Many Cleveland Parents Frantic As Voucher Ruling Limits Choice (August 26, 1999)
Release: Institute for Justice Seeks Review of School Choice Case By Full Sixth Circuit (December 28, 2000)		Wall Street Journal: Suffer the Children (August 26, 1999)
Release: Institute for Justice Blasts School Choice Ruling, Vows U.S. Supreme Court Appeal (December 11, 2000)		Washington Times: Failing Cleveland's students (August 26, 1999

Release: Parents File Cleveland School Choice Appeal; Lament Latest Public School Failures (January 12, 2000)		New York Times: Cleveland Voucher Program Is Blocked at Start of School (August 25, 1999
Release: Institute for Justice To Appeal Adverse School Choice Ruling (December 20, 1999)		Wall Street Journal: Judge Blocks School Voucher Program In Ohio, Citing Use of Taxpayer Funds (August 25, 1999
Release: Cloud of Injunction Lifted From Cleveland School Choice Program (December 3, 1999)		USA Today: Judge Blocks Cleveland's School Voucher Program (August 25, 1999)
Release: Sixth Circuit Allows Cleveland School Choice To Proceed (November 18, 1999)		Washington Times: At 11th hour, judge blocks Ohio voucher plan (August 25, 1999)