Diverting taxes to church schools

[teach1st]

Diverting taxes to church schools
By Robyn Blumner, St. Petersburg Times, 4/9

James Madison would be rolling over in his grave if he knew that his magnificent thesis on why the government should never be allowed to direct financial support to religious education was twisted to undermine future such claims.

In a 5-4 ruling Monday, conservatives on the U.S. Supreme Court barred taxpayers from challenging an Arizona tax credit scheme designed to divert public money from state coffers to religious schools. The ruling effectively eliminates taxpayer standing in federal court to challenge even the most blatant and discriminatory government support of religion, when it's done through the targeted use of the tax code.

I can almost see Justices Antonin Scalia and Clarence Thomas — who are religion-by-the-sword types at heart — dancing a little jig as they slam shut the courthouse door to church-state litigants, while opening the public fisc to religion.

The only bright spot was a vigorous dissent, that was part history lesson, delivered by Justice Elena Kagan and joined by her other three liberal-wing colleagues. Her discussion of Madison decimated Justice Anthony Kennedy's majority ruling that claimed the founding father's writings support his view: that the Constitution only limits government's direct expenditures for religion, and not the use of targeted tax benefits that accomplish the same goal.

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[Scuba]

1. Anyone know where to find a transcript of Kagan's speech?...

"that was part history lesson, delivered by Justice Elena Kagan and joined by her other three liberal-wing colleagues. Her discussion of Madison decimated Justice Anthony Kennedy's majority ruling that claimed the founding father's writings support his view"

[teach1st]

2. The ruling in PDF

Here's a link to the ruling in PDF format.

Kagan's written dissent begins on page 26.

http://www.supremecourt.gov/opinions/10pdf/09-987.pdf

[Scuba]

3. Excellent dissent by Ms. Kagan. She really calls out the majority....

...opinion for having a double standard. But then we all knew they were hypocrites.

[Scuba]

4. And thanks for the link!!!