March 24, 2012

The Supreme Court and the Winn Decision: A Win for the Constitution

By Edward H. Stewart, Jr.
ObamaCare's abortion pill mandate may be the center of media attention now, but it's just the latest skirmish in a decades-long power struggle.  Another fight that conservatives should keep an eye on is the Supreme Court's move to derail the secular left's anti-Christian freight train.  Last April's Arizona Christian School Tuition Organization v. Winn took a step in that direction by debunking the "right" of taxpayer standing in establishment clause cases. Winn challenged an Arizona law giving tax credits for donations to school tuition organizations (STOs) that use the contributions to provide scholarships to students attending private schools.  The plaintiffs argued that since the credits matched the donations, taxpayers taking the credits were paying their taxes to the STOs instead of the state.  And since some schools in the program were religious, that meant religious schools were being funded by the government in violation of the establishment clause. There were two relevant issues in Winn.  The argument that donations are really taxes rests on the false premise that "all income.... (Read Full Article)

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