Yesterday, the U.S. Supreme Court granted two orders of interest in the church-state/ religious freedom area. (Order list). It denied certiorari in Association of Christian Schools v. Stearns, (Docket No. 90-1461). In the case, the 9th Circuit rejected constitutional challenges to the University of California's admissions policy. The University refuses to accept certain high school courses offered by Christian schools as courses that will be counted to qualify students for admission. (See prior posting.)
In Garriott v. Winn (Docket No. 09-991) along with Arizona Christian School Organization v. Winn (Docket No. 09-987), -- both on the Court's docket for this term-- the Court granted the motion of the Acting Solicitor General to participate in oral argument on the side of appellant. In the case, a 3-judge panel of the 9th Circuit found taxpayer standing and 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. The 9th Circuit then denied en banc review, but with 40 pages of opinions. (See prior posting.) The government in its amicus brief filed in the Supreme Court argues both that challengers lack standing to assert their claim and that on the merits the Arizona statute is a constitutionally permissible neutral program that permits individuals to direct aid to religious programs.
