A Winn for Educational Pluralism

8 Pages Posted: 14 Jul 2011  

Nicole Stelle Garnett

Notre Dame Law School

Date Written: May 25, 2011

Abstract

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.

Keywords: Winn, Flast, taxpayer standing, Establishment Clause, school choice, tax credits

Suggested Citation

Garnett, Nicole Stelle, A Winn for Educational Pluralism (May 25, 2011). Yale Law Journal Online, May 2011; Notre Dame Legal Studies Paper No. 11-25. Available at SSRN: https://ssrn.com/abstract=1884241

Nicole Stelle Garnett (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556
United States
574-631-3091 (Phone)

HOME PAGE: http://www.law.nd.edu/faculty/facultypages/garnettn.html

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