U.S. District Judge reversed his earlier decision on Friday, and permitted a Cleveland school voucher program to continue operation pending the outcome of an appeal scheduled for this December. Four days earlier, Judge Solomon Oliver, Jr. issued an injunction halting all tuition payments by the government for the 4-year-old voucher scheme which covers over 3200 students attending 56 private schools, most of them religious.

   Oliver's backpedalling was criticized by Cleveland Teachers Union President Richard A. DeColibus, who told the Plain Dealer newspaper that he was disappointed. He said that the latest decision was prompted by "scathing" criticism from news media and public officials. "The decision should be based on law, and I don't think the constitution has changed in the last four days," DeColibus said.

   The new ruling saves the voucher scheme temporarily for most students, but still means that parents and schools involved in the program could lose government funding after January 1, 2000.

   Oliver's latest decision came as voucher supporters filed a request with the 6th Circuit U.S. Court of Appeals that the program continue operating until litigated. On Tuesday, Oliver halted the entire Cleveland program saying that it had "the primary effect of advancing religion," and "provided unrestricted grants to parents as tuition for reimbursement for their children to attend nonpublic schools, the bulk of which is concededly sectarian in orientation."

   The Cleveland voucher scheme is considered a bellwether case for "school choice" advocates and those supporting public aid to private and sectarian schools. It provides payments of up to $2,250 per child which parents can put toward tuition at voucher schools. Similar programs are underway in other states including Florida. State Supreme Courts and two Federal District Courts have ruled on various voucher programs, making it likely that the nation's U.S. Supreme Court will take up the matter.

   Oliver's earlier ruling striking down the voucher plan drew swift criticism both locally and nationally. In an editorial, the Cleveland Plain Dealer referred to the judge as a "Voucher vulture," and said that the "last-minute" ruling inconvenienced families and schools with "an act of arrogance, careless and utter disregard for the needs of children across the city." National political leaders, especially Republicans on the campaign trail launched salvos as well. Texas Governor George Bush and publisher Steve Forbes both denounced "judicial activism."

   "This case is not about the state imposing religion," Bush said. "This is about parents having the right to choose an appropriate school for their children." He described the Cleveland ruling as a case of "judicial overreach with serious casualties -- Cleveland's disadvantaged school children."

   Forbes expressed similar criticism, linking it to another issue -- an Arizona County judge's decision permitting an abortion for a 14-year-old girl who was nearly six months pregnant. "These cases are just the latest offensive examples of judicial activism run amok," declared Forbes.

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