Arizona School-Choice Case

As many of you know, the Supreme Court is reviewing the Ninth Circuit's decision striking down Arizona's school-choice law that gives taxpayers tax credits for contributing to "student tuition organizations" that support scholarships at private, including religious schools.  Despite the huge similarities between this case and Zelman, where the Court upheld properly-designed school voucher programs, the Ninth Circuit stretched and strained to strike down this program.  I wrote this amicus brief together with Doug Laycock (now at Virginia) for the Catholic bishops, the Christian Legal Society, and others, pointing out how the court of appeals utterly disregarded the principles of respecting choice in religious matters that animated the voucher decision and should animate the Religion Clauses.  Other briefs in the case, as they are filed, are here.