Tuesday, April 05, 2011

JuridicsUSA: School Choice: Stops ACLU manoeuvre trying to halt tax breaks for sending kids to free schools

Supreme Court dismisses case challenging 

school choice groups

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By Caroline May - The Daily Caller

Read more: http://dailycaller.com/2011/04/04/supreme-court-dismisses-case-challenging-school-choice-groups/#ixzz1IemuJUvK

In a decision that school choice advocates are cheering, the Supreme Court dismissed an American Civil Liberties Union (ACLU) lawsuit against an Arizona school program, which allows residents to get a tax break for donations to organizations that grant scholarships to private schools.
Justice Anthony Kennedy delivered the 5-4 majority opinion for the Court, saying that the ACLU and its clients did not have standing to challenge the private donations of others.
“When Arizona taxpayers choose to contribute to STOs [school tuition organizations], they spend their own money, not money the State has collected from respondents or from other taxpayers,” Kennedy wrote. “[R]espondents and other Arizona taxpayers remain free to pay their own tax bills, without contributing to an STO. Respondents are likewise able to contribute to an STO of their choice, either religious or secular… Respondents’ contrary position assumes that income should be treated as if it were government property even if it has not come into the tax collector’s hands. That premise finds no basis in standing jurisprudence.”

Read more: http://dailycaller.com/2011/04/04/supreme-court-dismisses-case-challenging-school-choice-groups/#ixzz1IemO1O8N

-- Daily Caller materials posted by Lawt

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