While the Justices turned down this case, there are several other appeals awaiting action that could bring interesting church-state questions before the Court.
On church-state questions, Justice Kennedy has also allied himself with Justice Scalia.
Though litigation typically centers on the church-state question, vouchers are also controversial because of their potential impact on public education.
That Ronald Reagan's Supreme Court appointees seem inclined to a less than "strict separationist" view on church-state questions is a victory for the movement.
Having a program like this inside a state prison raises "a fascinating church-state question," said Oliver Thomas, special counsel for the National Council of Churches.
Mr. Bush can take comfort in the absence of any pending call for federal legislation that bears directly on the church-state question.
"National leaders have been trapped in a dead-end debate" on church-state questions, Mr. Gore said, faced with a false choice between "hollow secularism or right-wing religion."
It will be surprising if the Ten Commandments cases just decided by the court bring to an end the judicial wrangling over the church-state question.
Republicans are keen on this, but the church-state questions are tricky.
Justice Souter's concurring opinion was particularly significant, because he had not previously expressed himself on the church-state question.