Washington, D.C.-Vowing that Judge Solomon Oliver’s ruling today striking down Cleveland’s scholarship program “will be as short-lived as the injunction” issued on the eve of the school year, Institute for Justice Litigation Director Clint Bolick vowed a prompt appeal to the Sixth Circuit Court of Appeals, and if necessary, to the U.S. Supreme Court.
“The U.S. Supreme Court has already rebuked Judge Oliver once,” Bolick stated. “This ruling will also be overturned.”
The Institute for Justice, based in Washington, D.C., represents parents and children participating in the program, and is defending the program along with the State of Ohio.
“Given the judge’s obvious hostility toward school choice, this decision was expected,” Bolick said. “But it stands alone in contrast to decisions of the Ohio, Wisconsin, and Arizona Supreme Courts upholding such programs.”
Judge Oliver earlier this year enjoined the program just as it was about to commence its fourth year. But three days later he overturned much of his own injunction. And in November, the U.S. Supreme Court stayed what was left of his injunction.
The parties subsequently agreed not to have the court consider an injunction while Judge Oliver’s decision is being appealed. “The program will continue while the lawyers litigate,” Bolick stated.
“The kids deserve more than a lump of coal five days before Christmas,” Bolick said. “We’re not going to let the special interest groups ruin their dreams.”