In another case, Hibbs v. Winn, the Supreme Court held that state taxpayers may challenge the constitutionality of educational tax credits that provide credit for donations to private religious schools. I expect that most such suits will ultimately prove unsuccessful. In the meantime, the 40 states with education tax credits of some kind will have to face suits from activists charging that such policies amount to unconstitutional subsidization of religious schools. The AP story is here.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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