The memo, prepared by the Institute's Litigation Director, Clint Bolick, reads:
"The Court's decision was based solely on a provision unique to the Puerto Rico Constitution, which forbids financial "support" of private schools. The decision was based on records of the Puerto Rican constitutional convention. The Court stressed that the Puerto Rico Constitution is more restrictive than the US Constitution."
Bolick argues that a recent decision by the Vermont Supreme Court, which upheld that state's private school tuition program, is more significant because like New Jersey, the Vermont Supreme Court has consistently interpreted its state Constitution to conform with the US Supreme Court's First Amendment precedents.
Commenting on the Bolick memo, Mayor Schundler said:
"Its clear that the opponents of increased parental choice and accountability in education are trying to use the Puerto Rico decision to thwart our efforts here in New Jersey. We want the public to know that just because the NJEA and ACLU keep repeating their mantra -- school voucher programs are unconstitutional -- it doesn't mean that it is true. We have substantive legal opinions from three respected public interest law firms. Each unequivocally states that school vouchers are indeed constitutional."
Schundler has received legal opinions from the Landmark Legal Foundation, the Becket Fund for Religious Liberty, and the Institute for Justice as part of his effort to build support among state legislators for a pilot school choice program in Jersey City.