Wednesday, November 26, 2014

The Justice Department becomes a schoolyard bully in Wisconsin

George Will at The Washington Post
"Religious schools are exempt from certain requirements of the Americans With Disabilities Act. And the ADA section that Washington is commanding the DPI to enforce against the choice schools applies only to 'public entities.' Undaunted by inconvenient law, federal lawyers argue that because public funds, in the form of tuition vouchers empowering parents to make choices, flow to private schools, the schools become 'public entities.'

"WILL [Wisconsin Institute for Law & Liberty] responds that this is like arguing that when food stamps are used for purchases at Wal-Mart, America’s largest private employer ceases to be private — it becomes an extension of the government. Inconveniently for the Justice Department, the U.S. Supreme Court has said the fact that a 'private entity performs a function which serves the public does not make its acts state action.' The Supreme Court has held that, under voucher programs, government does not place children in schools; the placements are made by parents empowered by vouchers."

(via Althouse)