Out of the two cases currently pending, the most likely to go to the Supreme Court is the Ohio voucher plan because it's already in federal court. The Cleveland voucher plan doesn't have any other issues except for federal constitutional left for interpretation. And last fall, the Supreme Court issued a stay of Judge Oliver's decision when he enjoined the further application of the Cleveland voucher plan. In our regard, that shows they have some interest in this case. Also, four voucher cases have gone up to the Supreme Court, but the court has so far refused to hear them.
Most observers think that the court is split.
The four justices pretty sure to vote against vouchers are Souter, Stephens, Ginsberg, Breyer. All rights reserved.