Legal Opinion · Dissent

Hart v. State

Supreme Court of North Carolina

Decided July 23, 2015No. 372A14Published

1DissentJustice Hudson

Because the Opportunity Scholarship Program provides for the spending of taxpayer money on private schools without incorporating any standards for determining whether students receive a sound basic— or indeed, any — education, I conclude that the program violates the North Carolina Constitution in two respects. As a result, I must respectfully dissent.

First, the Opportunity Scholarship Program (also known as the “voucher program”) violates the requirements of Article V, Sections 2(1) and 2(7) that public funds be spent for public purposes only. “The power of taxation shall be exercised in a…

2Cases cited9 opinions

  1. Leandro v. StateSupreme Court of North Carolina · 1997
  2. Martin v. North Carolina Housing CorporationSupreme Court of North Carolina · 1970
  3. Stanley v. Department of Conservation & DevelopmentSupreme Court of North Carolina · 1973
  4. Hoke County Board of Education v. StateSupreme Court of North Carolina · 2004
  5. Beaufort County Board of Education v. Beaufort County Board of CommissionersSupreme Court of North Carolina · 2009

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