By a 5-4 vote, the Supreme Court ruled today in Arizona Christian School Tuition Organization v. Winn that plaintiffs challenging Arizona’s tax credit for contributions to qualifying “school tuition organizations” as a violation of the Establishment Clause did not have standing to pursue their claim merely by virtue of the fact that they are Arizona taxpayers. The divide between Justice Kennedy’s majority opinion and Justice Kagan’s dissent was over how broadly to read the Flast v. Cohen exception to the general rule against taxpayer standing.

Although the Court divided along ideological lines, it is notable that the five-justice “conservative” majority adopted the position that the Obama administration advocated.

(I’m still reading through the opinions and may have more comments.)