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Tuition Credits Survive Appeal

Publication Date: 
April 05, 2011
The Arizona Republic (Phoenix)
Ronald J. Hansen

Professor Michael W. McConnell spoke with Ronald J. Hansen of The Arizona Republic on how the Supreme Court's ruling to keep intact an Arizona tax-credit program for religious school donors is consistent with other school choice rulings by the court.

The U.S. Supreme Court dismissed a legal challenge to Arizona's private-school tuition tax credits Monday, leaving the program intact and possibly opening a new avenue to government support for faith-based organizations.

In a 5-4 ruling, the court held that the tax-credit program, in which donations from taxpayers have paid mostly for students to attend religious schools, cannot be challenged by other taxpayers.


Michael W. McConnell, a retired federal appeals judge and director of the Constitutional Law Center at Stanford University, said Kennedy's opinion echoed language used in other cases that upheld school choice.

"This case would have come out the same way even if it had gone to the merits," he said.