on Apr 13, 2011 at 8:18 am
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 Kaganâ€™s style of argumentation in her inaugural dissent. Fish writes that Kaganâ€™s dissent â€œmarks her as someone to reckon with, both inside and outside the Courtâ€ and gives â€œsome hopeâ€ to those wishing that she will be â€œthe long-sought liberal counterweight to Antonin Scalia.â€ The Washington Times editorial board, meanwhile, is critical of Kaganâ€™s argument that â€œthere is no functional difference between a tax credit and a government appropriation.â€ At the Huffington Post, Andrew Coulson supports the Courtâ€™s ruling, writing that it â€œreminds us . . . that there is a way to finance universal education without resorting to socially corrosive compulsion.â€ Similarly, Bill Frezza, in a column for Forbes, supports Arizonaâ€™s tax credit program, arguing that â€œnot only the rich should have the power to choose private education.â€
- The editorial board of the New York Times discusses Arizona Free Enterprise Clubâ€™s Freedom Club PAC v. Bennett and argues that â€œthe courtâ€™s conservative majority is . . .Â reshaping politics, ruling that what matters most for money and speech is their â€˜fair marketâ€™ impact. The result will be closer scrutiny of public financing, while enabling even more rampant spending by wealthy candidates.â€ (ACSblog takes note of the editorial.)
- Caroline Mala Corbin at Concurring Opinions and Leslie Griffin at ACSblog are both critical of the so-called â€œministerial exception,â€ an issue raised by Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, in which the Court recently granted cert.
- The Blog of LegalTimes and the Wall Street Journalâ€™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 Wildeâ€™s play An Ideal Husband.
- Brandon Garrett kicks off a series for Slate on â€œconvicting the innocentâ€ by referencing the Courtâ€™s recent decisions in Connick v. Thompson, Skinner v. Switzer, and District Attorneyâ€™s Office v. Osborne.
- The Washington Postâ€™s Virginia Politics blogs reports that, â€œ[i]n an interview on Greta Van Susterenâ€™s â€˜On the Recordâ€™ 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.â€
- Politico has a report on Justice Thomasâ€™s wifeâ€™s new role as a special correspondent for the Daily Caller, a conservative news website.