Cite as: 530 U. S. 793 (2000)
O'Connor, J., concurring in judgment
The plurality's insistence that this evidence is somehow substantial flatly contradicts its willingness to disregard similarly insignificant evidence of violations of Chapter 2's supplantation and secular content restrictions. See ante, at 815, n. 7 (finding no "material statutory violation" of the supplantation restriction); ante, at 835 (characterizing violations of secular content restriction as "scattered" and "de mini-mis"). As I shall explain below, I believe the evidence on all three points is equally insignificant and, therefore, should be treated the same.
Justice Souter also relies on testimony by one religious school principal indicating that a computer lent to her school under Chapter 2 was connected through a network to non-Chapter 2 computers. See post, at 910 (citing App. 77a). The principal testified that the Chapter 2 computer would take over the network if another non-Chapter 2 computer were to break down. Ibid. To the extent the principal's testimony even proves that Chapter 2 funds were diverted to the school's religious mission, the evidence is hardly compelling.
Justice Souter contends that any evidence of actual diversion requires the Court to declare the Chapter 2 program unconstitutional as applied in Jefferson Parish. Post, at 909, n. 27. For support, he quotes my concurring opinion in Bowen and the statement therein that "any use of public funds to promote religious doctrines violates the Establishment Clause." 487 U. S., at 623 (emphasis in original). That principle of course remains good law, but the next sentence in my opinion is more relevant to the case at hand: "[E]xtensive violations—if they can be proved in this case— will be highly relevant in shaping an appropriate remedy that ends such abuses." Ibid. (emphasis in original). I know of no case in which we have declared an entire aid program unconstitutional on Establishment Clause grounds solely because of violations on the minuscule scale of those at issue here. Yet that is precisely the remedy respondents
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