Wisconsin Supreme Court Declines to Hear Lawsuit Regarding State's Private School Voucher Program

Friday, December 15th, 2023 -- 11:01 AM

(AP) The Wisconsin Supreme Court on Wednesday declined to hear a lawsuit brought by Democrats seeking to end the state’s taxpayer-funded private school voucher program.

The lawsuit could be refiled in county circuit court, as both Democratic Gov. Tony Evers' administration and Republican Assembly Speaker Robin Vos had argued. The Supreme Court rejected it without comment in an unsigned, unanimous order.

Democrats who brought the lawsuit asked the state Supreme Court to take the case directly, which would have resulted in a much faster final ruling than having the case start in lower courts. Brian Potts, attorney for those challenging the voucher programs, did not reply to a message seeking comment.

Supporters of the voucher programs hailed the court's rejection of the lawsuit. The lawsuit “was plagued with misleading, misinformed, and nonsensical legal arguments,” said Rick Esenberg, president of the Wisconsin Institute for Law and Liberty.

That group represented private schools, parents of students who attend them and other advocates of the program. Democrats have argued for decades that the voucher program is a drain on resources that would otherwise go to public schools.

The lawsuit argues that the state’s revenue limit and funding mechanism for voucher school programs and charter schools violate the Wisconsin Constitution’s declaration that public funds be spent for public purposes.

It also contends that vouchers defund public schools, do not allow for adequate public oversight and do not hold private schools to the same standards as public schools.

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