Yesterday, in its decision in AZ Christian School Tuition Org.v. Winn, the Supreme Court further limited the ability of private taxpayers to challenge government programs in court. The Court rejected taxpayers’ right to challenge an Arizona program that gives a dollar-for-dollar state tax credit to those who contribute to non-profits that provide scholarships to private (and primarily parochial) school students.
From SCOTUSblog: “The key to the Court majority’s opinion, written by Justice Anthony M. Kennedy, is that there is a clear-cut distinction between taxpayer lawsuits that challenge direct government spending to aid religion (still allowed, apparently, but perhaps only in the narrowest way), and lawsuits that challenge the use of a tax credit as an indirect way of channeling government tax revenues into parochial education (possibly, no longer allowed).”
Justices Ginsburg, Breyer, and Sotomayor joined Justice Kagan in her dissent.