During this quiet week at the Court, commentators continue to examine Arizona Christian School Tuition Organization v. Winn, in which the Court held that taxpayers lack standing to raise a First Amendment challenge to an Arizona program that provides tax credits for contributions to tuition organizations that in turn use those contributions to fund scholarships to religious schools. In a post for the Opinionator blog of the New York Times, Stanley Fish discusses Justice Kagan"™s style of argumentation in her inaugural dissent. Fish writes that Kagan"™s dissent "marks her as someone to reckon with, both inside and outside the Court" and gives "some hope" to those wishing that she will be "the long-sought liberal counterweight to Antonin Scalia." The Washington Times editorial board, meanwhile, is critical of Kagan"™s argument that "there is no functional difference between a tax credit and a government appropriation." At the Huffington Post, Andrew Coulson supports the Court"™s ruling, writing that it "reminds us . . . that there is a way to finance universal education without resorting to socially corrosive compulsion." Similarly, Bill Frezza, in a column for Forbes, supports Arizona"™s tax credit program, arguing that "not only the rich should have the power to choose private education."


  • The editorial board of the New York Times discusses Arizona Free Enterprise Club"™s Freedom Club PAC v. Bennett and argues that "the court"™s conservative majority is . . .  reshaping politics, ruling that what matters most for money and speech is their "fair market"™ impact. The result will be closer scrutiny of public financing, while enabling even more rampant spending by wealthy candidates." (ACSblog takes note of the editorial.)
  • The Blog of LegalTimes and the Wall Street Journal"™s Washington Wire blog have accounts of an event Monday night that featured three of the Justices. Justices Ginsburg, Alito, and Sotomayor served on a mock trial panel at the Shakespeare Theater in Washington, D.C. that also included four judges from the D.C. Circuit. The mock trial was based on Oscar Wilde"™s play An Ideal Husband.
  • The Washington Post"™s Virginia Politics blogs reports that, "[i]n an interview on Greta Van Susteren"™s "On the Record"™ on Fox News, Donald Trump and Van Susteren agreed that the Supreme Court should act to end uncertainty about the legality of the health-care overhaul by expediting review of the law."
  • Politico has a report on Justice Thomas"™s wife"™s new role as a special correspondent for the Daily Caller, a conservative news website.

Posted in Round-up

Recommended Citation: Adam Chandler, Wednesday round-up, SCOTUSblog (Apr. 13, 2011, 8:18 AM), https://www.scotusblog.com/2011/04/wednesday-round-up-79/