En Banc Review Sought In Arizona Scholarship Tax Credit Case

The Institute for Justice announced yesterday that it has filed a petition with the 9th Circuit Court of Appeals seeking en banc review of the 3-judge panel's decision in Winn v. Arizona Christian School Tuition Organization. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. Most of the funds are used for scholarships to religious schools. (See prior posting.) The Institute argues that the Arizona program is religiously neutral. It says that nothing in the law encourages parents or taxpayers to choose religious organizations or schools over secular ones.