Arizona Christian School Tuition Organization v. Winn

Docket No.
Op. Below
Argument
Nov 3, 2010
Tr.Aud.
Opinion
Vote
5-4
Author
Kennedy
Term

Holding: The challengers to an Arizona tax credit which provides tax credits for contributions to tuition organizations, which then use the contributions to provide scholarships for, among others, religious schools, lack standing under Article III because they are challenging a tax credit, rather than government spending.

Plain English Holding: State residents do not have a right to challenge a state tax credit – arguing that the credit unconstitutionally subsidizes religious schools in violation of the Establishment Clause – simply because they pay taxes.

Judgment: Reversed, 5-4, in an opinion by Justice Anthony Kennedy on April 4, 2011. Justice Scalia filed a concurring opinion, which was joined by Justice Thomas. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.

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