Cite as: 530 U. S. 793 (2000)
Souter, J., dissenting
Respondents' last evidentiary challenge concerns the effectiveness of Chapter 2's supplantation restriction in Jefferson Parish. Although Justice Souter does not rest his decision on this point, he does "not[e] the likelihood that unconstitutional supplantation occurred as well." Post, at 910, n. 28. I disagree. The evidence cited by respondents and Justice Souter is too ambiguous to rest any sound conclusions on and, at best, shows some scattered violations of the statutory supplantation restriction that are too insignificant in aggregate to affect the constitutional inquiry. Indeed, even Justice Souter concedes in this respect that "[t]he record is sparse." Post, at 911, n. 28.
* * *
Given the important similarities between the Chapter 2 program here and the Title I program at issue in Agostini, respondents' Establishment Clause challenge must fail. As in Agostini, the Chapter 2 aid is allocated on the basis of neutral, secular criteria; the aid must be supplementary and cannot supplant non-Federal funds; no Chapter 2 funds ever reach the coffers of religious schools; the aid must be secular; any evidence of actual diversion is de minimis; and the program includes adequate safeguards. Regardless of whether these factors are constitutional requirements, they are surely sufficient to find that the program at issue here does not have the impermissible effect of advancing religion. For the same reasons, "this carefully constrained program also cannot reasonably be viewed as an endorsement of religion." Agostini, 521 U. S., at 235. Accordingly, I concur in the judgment.
Justice Souter, with whom Justice Stevens and Justice Ginsburg join, dissenting.
The First Amendment's Establishment Clause prohibits Congress (and, by incorporation, the States) from making any law respecting an establishment of religion. It has been
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