Arizona Christian School Tuition Organization v. Winn

Holding: The challengers to an Arizona tax credit which provides tax credits for contributions to tuition organizations, which then use the contributions to provide scholarships for, among others, religious schools, lack standing under Article III because they are challenging a tax credit, rather than government spending.

Plain English Holding: State residents do not have a right to challenge a state tax credit – arguing that the credit unconstitutionally subsidizes religious schools in violation of the Establishment Clause – simply because they pay taxes.

Judgment: Reversed, 5-4, in an opinion by Justice Anthony Kennedy on April 4, 2011. Justice Scalia filed a concurring opinion, which was joined by Justice Thomas. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Gale Garriott, in His Official Capacity as Director of Arizona Department of Revenue (in 09-991 only)
• Brief for Petitioner Arizona Christian School Tuition Organization
• Brief for Respondents in support of Petitioners Glenn Dennard, Luis Moscoso, and Arizona School Choice Trust
• Supplemental Brief for Respondent Kathleen M. Winn, et al. Regarding Change in State Law
• Reply to Supplemental Brief for Respondent Kathleen M. Winn, et al. Regarding A Change In State Law
• Petitioner Arizona Christian School Tuition Organization’s Reply Brief to Respondent’s Supplemental Brief Regarding Change in State Law
• Brief for Respondent Kathleen M. Winn, et al. Supporting Petitioner
• Reply Brief of Petitioner Arizona Christian School Tuition Organization
• Reply Brief for Petitioner Gale Garriott, in His Official Capacity as Director of Arizona Department of Revenue
• Reply Brief for Respondent Kathleen M. Winn, et al., Supporting Petitioners Glenn Dennard, Luis Moscoso, and Arizona School Choice
• Motion to File Post-Argument Brief and Post Argument Brief of Petitioner
• Petitioner Gale Garriott’s Reply to Respondent’s Supplemental Brief Regarding a Change in State Law

Amicus Briefs

• Brief for Florida School Choice Fund, Foundation For Excellence in Education, Florida Association of Academic Nonpublic Schools, Association of Christian Schools International, Black Alliance For Educational Options, and Hispanic Council for Reform and Educational Options in Support of Petitioners
• Brief for Cato Institute, Andrew J. Coulson in Support of Petitioners
• Brief for the Becket Fund for Religious Liberty in Support of Petitioners
• Brief for Jewish Tuition Organization, New Way Learning Academy, Catholic Tuition Organization of the Diocese of Phoenix, Catholic Tuition Support Organization of the Diocese of Tucson, and Lutheran Education Foundation, Inc. in Support of Petitioners
• Brief for Rutherford Institute in Support of Petitioners
• Brief for Pacific Legal Foundation in Support of Petitioners
• Brief for Christian Educators Association International and Advocates for Faith and Freedom in Support of Petitioners
• Brief for Liberty Counsel and American Association of Christian Schools in Support of Petitioners (in 09-987 only)
• Brief for the United States in Support of Petitioners
• Brief for the American Center for School Choice in Support of Petitioners
• Brief for the American Center for Law and Justice in Support of Petitioners
• Brief for Ethics and Religious Liberty Commission of the Southern Baptist Convention, the National Association of Evangelicals, and the Convocation of Anglicans in North America in Support of Petitioners
• Brief for Goldwater Institute and U.S. Representative Trent Franks in Support of Petitioners
• Brief for States Indiana, Michigan, Alabama, Colorado, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, South Carolina, Texas, Utah, & Washington in Support of Petitioners
• Brief for United States Conference of Catholic Bishops, Union of Orthodox Jewish Congregations of America, Christian Legal Society, Council for Christian Colleges & Universities, Center for Arizona Policy, and Association for Biblical Higher Education in Support of Petitioners
• Brief for the Justice and Freedom Fund in Support of Petitioners
• Brief for Agudath Israel of America in Support of Petitioners
• Brief for the Center for Constitutional Jurisprudence in Support of Petitioners
• Brief for Americans United for Separation of Church and State, American Jewish Committee, the Anti-Defamation League, the Baptist Joint Committee for Religious Liberty, and the Interfaith Alliance Foundation as in Support of Respondent
• Brief for the American Humanist Association, American Ethical Union, Atheist Alliance International, the Center for Inquiry, Council for Secular Humanism, Freedom from Religion Foundation, the Institute for Humanist Studies, Secular Coalition for America, Secular Student Alliance, Society for Humanistic Judaism and the Unitarian Universalist Association in Support of Respondent
• Brief for the National School Boards Association, Arizona School Boards Association, American Association of School Administrators, National Education Association, and Arizona Education Association in Support of Respondent

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari (09-987) (unavailable)
• Petition for certiorari (09-988) (unavailable)
• Petition for certiorari (09-991) (unavailable)
• Brief in opposition (all) (unavailable)
• Petitioner’s reply (09-988) (unavailable)
• Petitioner’s reply (09-991) (unavailable)
• Amicus brief of the Jewish Tuition Organization et al. (all) (unavailable)
• Amicus brief of the Cato Institute et al. (09-988) (unavailable)
• Amicus brief of eight states (09-991) (unavailable)