The Federalist Society

Arizona Christian School Tuition Organization v. Winn - Post-Decision SCOTUScast

SCOTUScast 04-25-11 featuring Joshua P. Thompson

April 25, 2011

Joshua P. Thompson

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Arizona Christian School Tuition Organization v. Winn - Post-Decision SCOTUScast - MP3
Running Time: 00:12:49

Joshua P. ThompsonOn April 4, 2011, the Supreme Court announced its decision in Arizona Christian School Tuition Organization v. Winn. In Arizona, there is a state program that offers a tax credit to people who make contributions to school tuition organizations (STOs). STOs use the contributions to provide scholarships to students who attend private schools, including religious schools. The questions in this case were 1) does a taxpayer have standing to challenge the state's tax credit program as a violation of the Establishment Clause and 2) does the state's tax credit program violate the Establishment Clause.

In an opinion delivered by Justice Kennedy, the Court held by a vote of 5-4 that the taxpayers lacked Article III standing to challenge the program. Furthermore, because the taxpayers lacked Article III standing, the Court did not reach the question of whether the tax credit program violated the Establishment Clause. Chief Justice Roberts and Justices Scalia, Thomas, and Alito joined Justice Kennedy's opinion. In addition, Justice Scalia filed a concurring opinion, which Justice Thomas joined. Justice Kagan filed a dissenting opinion, which Justices Ginsburg, Breyer, and Sotomayor joined.

To discuss the case, we have Joshua P. Thompson, who is a staff attorney at the Pacific Legal Foundation. Mr. Thompson was on an amicus brief in support of the petitioners.

[Return to the SCOTUScast menu]

Related Links

Opinion - April 4, 2011 (PDF)
Oral Argument Transcript - November 3, 2010 (PDF)
Arizona Christian School Tuition Organization v. Winn - Post-Argument SCOTUScast


The Federalist Society