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Breaking News! Read the full article here.
The U.S. Supreme Court has dismissed an establishment clause challenge to a tax credit program that helps fund scholarships at religious schools, ruling that the taxpayers who sued don’t have standing to pursue the case.
Justice Anthony M. Kennedy wrote the majority opinion (PDF) in the 5-4 case. The plaintiffs’ mere status as taxpayers was insufficient to create standing, Kennedy said. His opinion sees a difference between direct governmental expenditures and tax credits. In the latter instance, he wrote, “any financial injury remains speculative.”
The Arizona program provided individual tax credits of up to $500 for contributions to groups that in turn funded private school scholarships, including scholarships to religious schools.
Kennedy concluded his opinion with a cautionary note about activist courts. “Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the judiciary than one which casts the court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them,” he wrote.
“In an era of frequent litigation, class actions, sweeping injunctions with prospective effect, and continuing jurisdiction to enforce judicial remedies, courts must be more careful to insist on the formal rules of standing, not less so.”
In a concurring opinion, Justice Antonin Scalia argued that the Supreme Court’s 1968 taxpayer standing decision Flast v. Cohen should be overruled. He was joined by Justice Clarence Thomas. The majority and dissenters are arguing whether the Arizona taxpayers fall within Flast‘s narrow exception allowing taxpayer standing in establishment cases, Scalia said. Flast ”is an anomaly in our jurisprudence,” Scalia said, and he would repudiate the decision.
Justice Elena Kagan dissented. She was joined by Justices Ruth Bader Ginsburg, Justice Stephen G. Breyer and Justice Sonia Sotomayor.
The tax credit program has cost Arizona $350 million in diverted revenue, Kagan said. The majority’s “novel distinction in standing law between appropriations and tax expenditures has as little basis in principle as it has in our precedent,” she wrote.
The combined cases are Arizona Christian School Tuition Organization v. Winn and Garriott v. Winn.
Court Holds Plaintiffs Lack Standing to Challenge Scholarship Tax Credit Program
Read the full article here.
Justices uphold constitutionality of 14-year-old school choice program serving 27,000 children
Read the full article here.
Read the email here.
Arizona school children and their parents won a major victory in the United States Supreme Court today. In a 5-4 decision, the court upheld Arizona’s Scholarship Tax Credit Program that enables thousands of families to send their children to the school of their choice.
The program allows Arizonans to receive a dollar-for-dollar tax credit for donations to School Tuition Organizations (STO), which then allocate scholarships to deserving students. The more than 50 nonprofit STOs in Arizona award scholarships annually to about 27,000 students.
“The Arizona Scholarship Tax Credit Program works. Now, it’s constitutionally has been affirmed. Parents should be able to choose the school best meeting their children’s education needs, and this program empowers them to make that choice,” said Deborah Sheasby, Legal Counsel for Center for Arizona Policy.
Center for Arizona Policy filed a friend-of-the-court brief supporting the program, along with the United States Conference of Catholic Bishops, the Union of Orthodox Jewish Congregations of America, Christian Legal Society, and several religious liberty organization and scholars.
The Supreme Court ruled in the Arizona Christian School Tuition Organization v. Winn case that the opponents of the program, represented by the American Civil Liberties Union, lacked standing to challenge the 14-year-old program. The Court also ruled that the tax credits which Arizonans receive for donations to STOs are private dollars, not state money. In the majority opinion, Justice Anthony Kennedy said:
“Like contributions that lead to charitable tax deductions, contributions yielding STO tax credits are not owed to the State and, in fact, pass directly from taxpayers to private organizations. Respondents’ contrary position assumes that income should be treated as if it were government property even if it has not come into the tax collector’s hands. That premise finds no basis in standing jurisprudence. Private bank accounts cannot be equated with the Arizona State Treasury.”
The tuition tax credit program saves the state millions of dollars annually. The average scholarship is just a fraction of the amount the state spends to educate each child. Dr. Charles North of Baylor University found that the state saves anywhere between $44 million to $186 million. Read his reporthere.
“Everybody wins with scholarship tax credits – parents are able to educate their children in the schools they believe are the best fit, and the state saves money,” said Sheasby.
Center for Arizona Policy, is a 501(c)(3) charitable organization. All contributions are tax deductible to the fullest extent allowed by law. To ensure our financial accountability to you, we are a certified member of the Evangelical Council for Financial Accountability (ECFA). All contributions are used to promote the sanctity of life, protect and strengthen marriage, preserve our religious freedoms, and support all the work of Center for Arizona Policy, Inc.
Single mother Susan Schaffer and her sixth-grader not only support educational options, they live them.
Schaffer’s daughter is among the 32,000 students participating in Arizona’s private-scholarship program, which allows state income taxes to go toward a private school education.
Sixth-grader Renee Schaffer attends Heritage Christian Academy in Gilbert.
“What I like about private school, in my case, it’s Bible-based and this is something I like for my daughter,” Susan Schaffer said. “It fits our lifestyle better.”
Arizona officials joined more than 40 states this week in commemorating the first National School Choice Week, which runs through Saturday. School-choice advocates support access to better public schools; charter, private and virtual schools; and homeschooling. (continued…)
Gov. Jan Brewer unveiled a new website Monday that aims to help parents choose the best education options for their children.
The governor announced the creation of arizonaschoolchoice.com as part of National School Choice Week.
Students in the state currently have the option of attending public schools, charter schools, private schools or taking classes online or at home. (continued…)
National School Choice Week is Jan. 23-29, and in Arizona, that means celebrating 20 years of work so far to create a whole new generation of excellence in Arizona education.
Having school choice means the ability to choose not only your district school but from among public charter schools, private schools and scholarships, home schools and online schools . . . any schools that families believe will be best for their own children.
And it has been a long time coming.
Read the full article:
http://www.azcentral.com/arizonarepublic/opinions/articles/2011/01/19/20110119keegan20.html#ixzz1BgaIiAjh
2011 Arizona School Choice Week Events | Download PDF
WEDNESDAY, JAN 19th @ 8:15am
Edu-Prize Day: Tour of One of Arizona’s Top Charter Schools & Honor AZ Educational Leader of the Year, Featuring Gilbert Mayor John Lewis, Edu-Prize, 580 W Melody Ave., Gilbert, AZ; RSVP: 480-813-9537 x162
WEDNESDAY, JAN 19th @ 7:30pm – OPEN TO THE PUBLIC
Americans for Prosperity Townhall on School Choice
Pointe Hilton Tapatio, 11111 North 7th Street
OPEN TO THE PUBLIC – RSVP: http://educationrevolutiontouraz.eventbrite.com/
MONDAY, JAN 24th @ 8am – INVITATION ONLY
School Choice Week Launch Breakfast at Phoenix Collegiate Academy
5610 S. Central Ave., Phoenix
CONTACT: Lisa Keegan, Education Breakthrough Network, lgkeegan@aol.com
TUESDAY, JAN 25th @ 6pm-8:30pm – OPEN TO THE PUBLIC
Americans for Prosperity Movie Showing – THE CARTEL
Goldwater Institute, 500 E. Coronado Road, Phoenix
OPEN TO THE PUBLIC – RSVP: http://schoolchoiceweek.com/Event/afparizona
WED, JAN 26th@ 11am-1pm – ALL LEGISLATORS INVITED, OTHERS BY INVITATION ONLY
American Federation for Children Legislative Luncheon & Movie Showing – THE LOTTERY
Associated General Contractors Building Conference Room, 1825 W. Adams St, PHX
All legislators invited, others by invitation only. RSVP: ldreckman@federationforchildren.org
THURSDAY, JAN 27TH @ 8:30am – RSVP REQUIRED
Edu-Prize Day: Tour of One of Arizona’s Top Charter Schools & Honor AZ Educational Leader of the Year,
Edu-Prize 4567 W. Roberts Road, Queen Creek 85242; RSVP: 480-813-9537 x162
THURSDAY, JAN 27th @ 4pm – OPEN TO THE PUBLIC
School Choice Week Wrap Party hosted by Education Breakthrough Network
Seamus Irish Pub, 18 West Monroe, PHX
**Also upcoming: Catholic Schools Day, Wednesday, Feb 2nd @ noon on the House Lawn.**
ARIZONA’S SCHOOL CHOICE WEEK IS CO-SPONSORED BY:
Arizona Catholic Conference www.azcatholicconference.org
American Federation for Children www.federationforchildren.org
Americans for Prosperity Arizona www.americansforprosperity.org/arizona
Arizona Charter Schools Association www.azcharters.org
Arizona CAPE (Council for American Private Education) www.azcape.org
Arizona School Choice Trust www.asct.org
Arizona School Tuition Organization Association www.astoa.com
Center for Arizona Policy www.azpolicy.org
Education Breakthrough Network www.edbreakthrough.org
Goldwater Institute www.goldwaterinstitute.org
Institute for Better Education www.ibescholarships.org
Institute for Justice – Arizona Chapter www.ij.org/az
Phoenix Collegiate Academy www.phxca.org
Veridus www.veridusaz.com
JOIN US AT NATIONAL SCHOOL CHOICE WEEK WWW.SCHOOLCHOICEWEEK.COM
For media inquiries or more info, contact Liz at 480-223-2769.
