With the vigor he used to battle terrorism and root for the Yankees, New York City Mayor Rudolph Giuliani has turned his attention to another issue: defending Cleveland's school voucher program.

The Republican mayor is among a bipartisan group of nearly three dozen elected officials, professors and organizations who are asking the U.S. Supreme Court to uphold the 6-year-old program - the first voucher case to reach the nation's highest court.

Others filing friend-of-the-court briefs yesterday included Milwaukee Mayor John Norquist and former Baltimore Mayor Kurt Schmoke, both Democrats; Hough Councilwoman Fannie Lewis; the governors of Florida, New Mexico and Wisconsin; and the attorneys general of Florida, Alabama, Pennsylvania, Delaware, Nebraska, South Carolina and Virginia.

"Our lawyers don't know that they've ever seen this kind of support before in any other case - we're delighted," said Joe Case, spokesman for Ohio Attorney General Betty Montgomery.

Montgomery is asking the Supreme Court to overturn a federal appeals court ruling that declared the program unconstitutional because it sent public dollars to religious schools.

In addition to Montgomery and U.S. Solicitor General Theodore Olson, other supporters weighing in yesterday included: the Union of Orthodox Jewish Congregations of America; the U.S. Conference of Catholic Bishops; the National Association of Independent schools; and the Indiana-based Friedman Foundation.

"The breadth and diversity of support is truly remarkable," said Clint Bolick of the Institute for Justice, a legal group representing five Cleveland families in the program.

But the opponents won't weigh in with their briefs for up to 30 days - and the case isn't a popularity contest, anyway.

The courts will look to the Constitution and the law to render a decision. Voucher backers and foes alike agree that if the court goes Ohio's way, it could produce a landmark ruling that could change the face of American education.

On the surface, the case is about a program that gives about 4,000 Cleveland youngsters $800 to $2,250 in public money for tuition at about 50 participating private schools, most of them religious.

But if the court broadly upholds the state's argument, the ruling could force public schools to compete - some say unfairly - with private and religious schools for students and for public dollars.

"This case will do far more than determine whether several thousand vulnerable children in Milwaukee and Cleveland receive a decent education," Giuliani said in his brief.

"It will ultimately decide whether American cities can develop a dynamic and productive market in K-12 education, which our cities desperately need to thrive again."

Ohio Federation of Teachers President Tom Mooney said the involvement of Giuliani and other voucher supporters was part of a larger ideological movement to dismantle government services and turn public dollars over to private interests.

"We're seeing the results of turning education into a market system with charter schools in Ohio," Mooney said.

"What we see are either a lot of scams, or well-intentioned people who are clueless at how to run a school. "

Voucher opponents have 30 days to respond to the high court, which agreed in September to take the case. Oral arguments are expected in January with a decision in June 2002.

Contact Scott Stephens at: [email protected], 216-999-4827

© 2001 The Plain Dealer. Used with permission.