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Tuesday, April 05, 2011
Courts - Still more on "Court leaves in place Ariz. school tax break "
Updating yesterday's entry, this WSJ Law Blog entry today by Ashby Jones is headed "In Tax-Credit Case, High Court Sidesteps Constitutional Issue." A sample:
The upshot: the Court upheld an Arizona tax-credit program that offers a dollar-for-dollar reduction of state income tax payments to organizations that support religious schools. The ruling could open the door to the expansion of such programs nationwide.In an opinion penned by Justice Anthony Kennedy, the justices ruled that Arizona taxpayers have no standing to challenge the state’s tax-credit program on grounds that it violates the First Amendment prohibition of government “establishment of religion.” The decision effectively overruled decades of precedent permitting lawsuits against government programs that subsidize religious institutions through tax incentives.
“Every state that is considering a tax-credit program can rest easy,” said Robert Enlow, president of the Foundation for Educational Choice, a group which favors public subsidies for private schools.
Posted by Marcia Oddi on April 5, 2011 01:17 PM
Posted to Courts in general