When we let vouchers drain our schools, it hurts us all.
May 19, 2026
Good Tuesday morning,
The 10th District Court of Appeals last week held a hearing before a three-judge panel on the state’s appeal of our winning lawsuit.
The state and intervenors were unable to make a constitutional argument because they don’t have one.
A headline from the state’s largest newspaper summed it up: Ohio’s School Voucher House of Cards is Collapsing in Court. The State’s Defense is Embarrassing!
Read the story here:
An excerpt from the story:
“The Attorney General’s appellate attorney argued that even though private schools can pick and choose who they admit, parents do have an equal choice: they’re free to apply to private schools. That’s why it is called school choice.”
“That’s hilarious,” said Cleveland.com | Plain Dealer Editor Chris Quinn. “That is the weakest argument I’ve ever heard. Well, you’re equal because you can ask for it. We’re not going to give it to you. But it’s equal because you’re allowed to petition for it. Imagine if everything worked that way.”
The attorney representing Ohio Attorney General Dave Yost (why isn’t Yost standing up for public schools against vouchers?) had no real answer when Appellate Judge David Leland pressed him to explain why it was the private, often religious schools, that had all the power and the choice in deciding which children were accepted and which children were rejected under the EdChoice voucher program.
The attorney, Keith Neely, representing the out-of-state Institute for Justice didn’t have any better of a day defending EdChoice because the pro-voucher crowd doesn’t have a constitutional leg to stand on.
Here’s how Morgan Trau, from News 5 in Cleveland, reported a post-hearing interview with Neely.
“The argument this morning, I think, went well for us,” Neely said after the hearing.
“You genuinely thought it went well?” Trau asked him.
It didn’t.
See Trau’s story here: Ohio judges question why taxpayers fund private school tuition
Judge Leland wasn’t done.
“What’s the purpose, counselor, of having an admission policy where students who can afford private tuition to private schools are nonetheless subsidized by EdChoice voucher? What is the governmental purpose of that?”
Judge Leland continued: “Why are we subsidizing wealthy students who can afford to go to private school? Why are we paying for their tuition with tax dollars?”
Great questions and the pro-voucher crowd has no good answers because EdChoice is $1 billion boondoggle for private schools and a refund and rebate for wealthy families whose children were already enrolled in private schools and that, at the end of the day, is indefensible.
Is your district part of our historic lawsuit? Check here.
If not, why not? School board members, superintendents and school treasurers need to stand up for their students, public schools, local taxpayers and their communities and join our lawsuit.
Learn how here.
Sincerely,
Vouchers Hurt Ohio