The Corner

Tax Credits At Risk?

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.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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