Supreme Court of the United States

Arizona Christian School Tuition Organization v. Kathleen M. Winn Gale Garriott

April 4, 2011179 L. Ed. 2d 523

Summary

Justice Kagan dissents, arguing that taxpayers have standing under Flast v. Cohen to challenge the Arizona tuition tax credit under the Establishment Clause. She contends the majority's distinction between appropriations and tax expenditures is without precedent and undermines judicial review of government subsidization of religion. She would affirm the Court of Appeals' determination that plaintiffs have standing.