ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN

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Case Basics
Docket No. 
09-987
Petitioner 
Arizona Christian School Tuition Organization
Respondent 
Kathleen M. Winn
Decided By 
Advocates
(Acting Solicitor General, Department of Justice, for the United States as amicus curiae, supporting the petitioners)
(for the petitioners)
(for the respondents)
Term:
Facts of the Case 

Arizona taxpayers challenged the constitutionality of Arizona's tuition tax credit in an Arizona federal district court. They alleged the tax credit violated the Establishment Clause of the First Amendment because it funneled money to private religious schools. The district court dismissed the case. On appeal, the U.S. Court of Appeals for the Ninth Circuit reversed, holding that the taxpayers had standing to bring their suit and had alleged a viable Establishment Clause claim.

Question 

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

Conclusion 
Decision: 5 votes for Arizona Christian School Tuition Organization, 4 vote(s) against
Legal provision: standing, Article III

Yes. The Supreme Court overturned the lower court in an opinion by Justice Anthony Kennedy. The majority held that the challengers to the tax credit in Arizona lack standing under Article III. Justice Elena Kagan filed a dissenting opinion joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. "State sponsorship of religion sometimes harms individuals only (but this 'only' is no small matter) in their capacity as contributing members of our national community," Kagan wrote for the dissenters.

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ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN . The Oyez Project at IIT Chicago-Kent College of Law. 28 July 2014. <http://www.oyez.org/cases/2010-2019/2010/2010_09_987>.
ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN , The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2010/2010_09_987 (last visited July 28, 2014).
"ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION v. WINN ," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 28, 2014, http://www.oyez.org/cases/2010-2019/2010/2010_09_987.