Unfortunately, on March 25, 2009, the Arizona Supreme Court declared that Arizona’s innovative programs violate a unique provision Arizona Constitution’s prohibiting appropriations of public funds “in aid of . . . private and sectarian schools.” The ruling runs contrary to decades of Arizona Supreme Court precedent that had always held that programs that provide aid to individuals, not institutions, are constitutional. The ruling also ignored a key holding in the Court’s 1999 decision in Kotterman v. Killian, which upheld Arizona’s Individual Scholarship Tax Credit Program, that school choice programs primarily benefit families and children and that any benefit to private and religious schools was purely incidental.
Fortunately, the Supreme Court’s decision in Cain v. Horne did reaffirm that tax credits do not constitute appropriations, which sends a strong signal to school choice opponents that the Arizona Supreme Court is not going to overrule its decision in Kotterman v. Killian. The practical impact of the Cain decision is that Arizona’s existing school choice tax credit programs will continue to operate, and IJ our allies will work with the Arizona Legislature to pursue every opportunity to expand those programs, particularly to assist the hundreds of families devastated by the Court’s shameful decision striking down the voucher programs.
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Essential Background |
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(May 29, 2009) |
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Legal Briefs and Decisions |
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(October 12, 2006) |
(November 25, 2008) (June 19, 2008) (June 19, 2008) (June 19, 2008) (June 13, 2007) |
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Case Timeline canada cialis |
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Choice Opponents' Lawsuit Filed: |
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February 20, 2007 |
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IJ Intervention Filed: |
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March 13, 2007 |
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Court Filed: |
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Maricopa County Superior Court Arizona Supreme Court |
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| Current Court: | Arizona Supreme Court | |||
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Decision(s): |
canada cialis Maricopa County Superior Court upheld programscanada cialis Arizona Supreme Court affirms Court of Appeals decision striking down programs |
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Status: |
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canada cialis |
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Next Key Date: |
None | |||
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Case Timeline canada cialis |
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Choice Opponents' Lawsuit Filed: |
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November 14, 2006 |
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IJ Intervention Filed: |
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December 7, 2006 |
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Court Filed: |
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Arizona Supreme Court |
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Decision(s): |
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canada cialis Arizona Supreme Court declines to hear first challenge |
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Status: |
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canada cialis |
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Next Key Date: |
None |
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Additional Releases |
Maps, Charts and Facts |
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| (March 25, 2009) | ||||
| (December 9, 2008) | ||||
| (December 2, 2008) | (November 25, 2008) | |||
| Op-eds, News Articles and Links | ||||
| (October 28, 2008) |
canada cialis canada cialis(February 2009) canada cialis canada cialis(August 2008) canada cialis canada cialis(June 2007) canada cialis canada cialis(February 2007) canada cialiscanada cialis(December 2006) |
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| (August 22, 2008) | ||||
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(April 21, 2008) |
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(May 16, 2008) |
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(April 21, 2008) |
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(June 13, 2007) |
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(February 20, 2007) |
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(January 9, 2007) |
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