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AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN

Docket No.: 09-987
Certiorari Granted: 04/19/10
Argued: October 4, 2010
Decided: 01/11/11
Consolidated with: CONSOLIDATED W

Topics:

Article I, Bill of Rights, EPA, Establishment Clause, First Amendment, Fourteenth Amendment, judicial review, public schools, separation of powers, taxing and spending, taxpayer standing

PartyNames: Arizona Christian School Tuition Organization v. Kathleen M. Winn, et al.
Petitioner: Arizona Christian School Tuition Organization
Respondent: Kathleen M. Winn, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 562 F.3d 1002

Arizona Christian School Tuition Organization
v.
Kathleen M. Winn, et al.
Question Presented:

1. Do Respondents lack taxpayer standing because they do not allege, nor can they, that the Arizona Tuition Tax Credit involves the expenditure or appropriation of state funds? 2. Is the Respondents' alleged injury-which is solely based on the theory that Arizona's tax credit reduces the state's revenue-too speculative to confer taxpayer standing, especially when considering that the credit reduces the state's financial burden for providing public education and is likely the catalyst for new sources of state income? 3. Given that the Arizona Supreme Court has authoritatively determined, under state law, that the money donated to tuition granting organizations under Arizona's tax credit is private, not state, money, can the Respondents establish taxpayer standing to challenge the decisions of private taxpayers as to where they donate their private money?

Question:

Do the plaintiffs lack standing because they cannot allege that the Arizona tuition tax credit involves the appropriation or expenditure of state funds?

Note:

TH 09-991 FOR ONE HOUR ORAL ARGUMENT

AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN
ORAL ARGUMENT

10/04/10

Listen to Oral Argument in AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN
Holding: reversed
Vote: 5-4
Opinion By: Justice Anthony M. Kennedy

AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN
Case Documents

1AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN Oral Argument Transcript (HTML)
2AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN Oral Argument Audio (November 3, 2010)
3AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN Oral Argument Audio
4AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN Oral Argument Transcript (HTML)
5AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN Oral Argument Transcript (PDF)
6Opinion in AZ CHRISTIAN SCHOOL TUITION ORG. v. WINN
Additional documents for this case are pending review.