SIEGEL: Why didn't Arizona simply enact a voucher system for parents, a system that the Supreme Court has already upheld in other cases? Answer: Because Arizona's Constitution does not allow direct aid to private schools. She said the tuition tax credit law is similar to dozens of other state laws that provide for tax credits. K: Defending the Arizona statute on the merits was state appellate lawyer Paula Bickett. NORRIS: Justice Kagan: Counsel, if you're right, the court was without authority to decide a whole line of cases, many of them recently. TOTENBERG: The Obama administration, represented by acting Solicitor General Neal Katyal, contended that taxpayers have no such right to go to court because the money here went to private groups that in turn handed out the tuition grants. TOTENBERG: But David Cortman of the Arizona Christian Schools Tuition Association disagreed.ĭAVID CORTMAN: Not a dime goes to any school, religious or secular, unless the parent decides, number one, that their child will attend that school and number two, that they apply for a scholarship. You get this scholarship only if you send your kid to the religious school that I designate. PAUL BENDER: Sixty-five percent of the whole program went out on the basis of religion. NINA TOTENBERG: On the steps of the Supreme Court today, lawyer Paul Bender, representing those challenging the law, contended that Arizona's system illegally subsidizes religious schools. Here's NPR legal affairs correspondent Nina Totenberg.
From NPR News, this is ALL THINGS CONSIDERED.
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