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Arizona Christian School Tuition Organization v. Winn

Docket No. Op. Below Argument Opinion Vote Author Term
09-987 9th Cir. Nov 3, 2010 Apr 4, 2011 5-4 Kennedy OT 2010

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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Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Opinion below (9th Circuit)
  • Petition for certiorari (09-987) (unavailable)
  • Petition for certiorari (09-988) (unavailable)
  • Petition for certiorari (09-991) (unavailable)
  • Brief in opposition (all) (unavailable)
  • Petitioner’s reply (09-988) (unavailable)
  • Petitioner’s reply (09-991) (unavailable)
  • Amicus brief of the Jewish Tuition Organization et al. (all) (unavailable)
  • Amicus brief of the Cato Institute et al. (09-988) (unavailable)
  • Amicus brief of eight states (09-991) (unavailable)