In a significant victory for “school choice” advocates, the U.S. Supreme Court on Monday denied standing to Arizonans who challenged a state tax credit program that indirectly benefits students in religious schools. The 5-4 ruling provoked a strong dissent from Justice Elena Kagan — her first written dissent as a justice.
Kagan said the court had ruled “against all precedent” in denying standing to those who claimed that the tuition tax credit violated the First Amendment’s establishment clause by subsidizing religious education. She said the court had ruled five times before on tax subsidies like Arizona’s, “including in a prior incarnation of this very case!” without doubting the standing of taxpayers to challenge the programs.
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