Davis Ex Rel. Davis v. Grover

The majority opinion declares constitutional the "experimental" Milwaukee Parental Choice Program, which involves less than one percent of the city's school popu*556lation and, according to the majority, an "inconsequential" amount of funding. Majority op. at 513, 527 n.11, 530, 539. I dissent even though I have concluded that the majority opinion has very limited application. Any increased coverage of the program or continuation of the program beyond a reasonable time for experimentation could still fall victim to a successful constitutional attack.

Despite the majority opinion's limited…