A Winn for Educational Pluralism
Nicole Stelle Garnett
Notre Dame Law School
May 25, 2011
Yale Law Journal Online, May 2011
Notre Dame Legal Studies Paper No. 11-25
This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing the constitutional path for further expansion of scholarship tax credit programs, which enhance the educational opportunities available for students of modest means.
Number of Pages in PDF File: 8
Keywords: Winn, Flast, taxpayer standing, Establishment Clause, school choice, tax credits
Date posted: July 14, 2011
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