Davis Ex Rel. Davis v. Grover

HEFFERNAN, CHIEF JUSTICE

(dissenting). The Milwaukee Parental Choice Program, sec. 119.23, Stats., was enacted in violation of the procedures man*549dated by Wis. Const, art. IV, sec. 18, and as enacted substantively violates Wis. Const, art. X, sec. 3. It is clear from reading the majority opinion and the concurring opinion that the majority opinion reflects a tacit approval of the policy behind "choice." This is apparent from both the contrived expansion of the presumption of constitutionality and from the exhaustive attempt to portray the Milwaukee Public School system as a complete failure.…