On Wednesday, justices will hear the first arguments in the case. A group of 12 plantiffs, including newly-elected state superintendent Glenda Ritz have argued the voucher program violates the state constitution.
"Taxpayers are paying the state for a public school system and I strongly feel that's where the money should go," Ritz said on Tuesday. After Wednesday's hearing, Ritz says she will recuse herself from the case to avoid a conflict of interest with her new job.
The news comes amid new data that the Indiana private school voucher program is more popular than ever.
The state department of education announced Tuesday that 9,324 families enrolled in the program for the 2012/2013 school year. That number is double the figure from the 2011/2012 school year.
Fort Wayne Community Schools ranks second in overall voucher participation. The state says 921 students are now using the program.