Institute for Justice Says Injunction Modification Helpful, But Not Enough

Washington, D.C.-The Institute for Justice, which represents families receiving scholarships in the Cleveland school choice program, applauded Judge Solomon Oliver’s partial stay of his injunction earlier this week, but urged relief for remaining students who still are faced with losing scholarships for the just-started school year.

“This is a huge victory for the kids, but only a partial victory,” declared Clint Bolick, the Institute’s litigation director. “This outrageous injunction threw the city and thousands of children into chaos. We’re glad the court heard the public outcry, even if it hasn’t completely corrected its grievous error.”

The action today will allow 3,214 scholarship students who participated in the program in prior years to continue attending private schools. But 587 new students, who were notified on March 15 that they would receive scholarships, still face the prospect of leaving private schools and returning to public schools. Also, Judge Oliver indicated the stay is good only for one semester, raising the prospect of disruption in the middle of the school year.

“We expect to continue our appeal of the remaining portions of the injunction to the Sixth Circuit Court of Appeals,” said Bolick, who is consulting with other lawyers in the case.