The Wisconsin Supreme Court race has drawn attention as a key moment for the future of School Choice in the state. School Choice, which allows lower income parents to use state assistance to send their children to private schools, has been the focus of legal and ideological battles for decades. Nearly 59,000 Wisconsin students, including approximately 30,000 in Milwaukee, currently benefit from this program. Supporters argue it provides educational opportunities for families, while critics question its constitutional basis and potential impact on public education funding.

Background on School Choice in Wisconsin

• School Choice was first enacted in 1990 under Governor Tommy Thompson with bipartisan support, initially benefiting a few hundred Milwaukee students.
• The program provides vouchers to parents to send their children to private schools that participate in the program. These vouchers generally cover the cost of tuition.
• Vast majorities of studies show private choice schools in Wisconsin outperform public schools, especially in the Milwaukee program. 
• The program has since expanded statewide, now serving nearly 59,000 students.
• Opponents of School Choice, including activist groups and organizations, have repeatedly challenged its constitutionality in court.
• Conservative majorities in the Wisconsin Supreme Court have historically upheld the program, while liberal justices have signaled openness to reevaluating its legality.

What Could Happen if School Choice Is Overturned
The upcoming Supreme Court election could have significant implications for School Choice. If a liberal majority gains control, it could open the door to new legal challenges against the program. Past rulings by conservative majorities upheld the program’s constitutionality, but a shift in the court’s ideological balance could lead to a different outcome.

If School Choice were overturned, it could leave nearly 59,000 students without access to their current schools. These lower income parents cannot afford private school tuition out of pocket and would be forced to enter assigned public schools. Public schools, already stretched thin, might face challenges in accommodating an influx of new students. Additionally, the financial and logistical strain on the education system could have broader implications for students and taxpayers alike.

Legal Background
Since its inception, School Choice has faced numerous legal challenges. Key cases include:

• Davis v. Grover (1992): The Wisconsin Supreme Court upheld the Milwaukee Parental Choice Program (MPCP), stating it did not violate constitutional provisions regarding public funds or district schools.
• Jackson v. Benson (1998): The court reaffirmed the program’s legality, addressing concerns about the inclusion of religious schools. The decision concluded that the program did not violate the Establishment Clause of the U.S. Constitution, as parents—not the government—decided which schools received the funds.

These cases were closely divided along ideological lines, with conservative justices supporting School Choice and liberal justices dissenting.

Preview: Schimel vs. Crawford
The race between former Attorney General Brad Schimel and Judge Susan Crawford has become a focal point for School Choice advocates and opponents. Schimel, representing the conservative side, has a history of supporting School Choice. 

The outcome of this election will determine the court’s ideological balance and could set the stage for future litigation. Supporters of School Choice see Schimel’s potential victory as critical to maintaining the program’s protections, while critics believe Crawford’s election could allow for a fresh examination of its constitutionality.

Past Legal Battles and What’s Next

Efforts to challenge School Choice have persisted over the years. Recently, the Minocqua Brewing Company PAC filed a lawsuit aimed at overturning the program. Although the Wisconsin Supreme Court declined to hear the case, it highlighted the continued opposition to the program.

The April election will determine whether the Wisconsin Supreme Court maintains its liberal majority or shifts toward a conservative one. With nearly 59,000 students and their families relying on School Choice, the stakes of this election extend far beyond the court itself. The decision could shape the future of educational opportunities in Wisconsin for families who rely on the program.