In July, in a case with potentially far-reaching implications for religious liberty and church-state separation, Solicitor General Olson took the unusual step of asking the Supreme Court to take up the Ohio school voucher case. Lower courts have ruled that the program's publicly funded vouchers predominantly benefit religious schools and violate the establishment clause of the First Amendment.
Olson's brief asked the justices to uphold Cleveland's voucher program, and was seen by Court observers as a way for the administration to send a signal to the Court about the importance of the issue to the administration. Olson sought and received permission to participate in arguing the case in front of the Court on February 20, 2002.
Religious Right organizations and their political allies hope that the Supreme Court will use the voucher case to radically alter its interpretation of the First Amendment and open the door to a wide range of government funding for religious institutions.

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