HIBBS v. WINN

No. 02-1809.

542 U.S. 88 (2004)

HIBBS, DIRECTOR, ARIZONA DEPARTMENT OF REVENUE v. WINN ET AL.

Supreme Court of United States.

Decided June 14, 2004.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General of Arizona, argued the cause for petitioner. With him on the briefs were Mary O'Grady, Solicitor General, Paula S. Bickett, and Joseph Kanefield, Special Assistant Attorney General.

Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General O'Connor, Kent L. Jones, and Kenneth L. Greene.

Marvin S. Cohen argued the cause for respondents. With him on the brief were Paul Bender and Steven R. Shapiro.*

GINSBURG, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and BREYER, JJ., joined. STEVENS, J., filed a concurring opinion, p. 112. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and THOMAS, JJ., joined, p. 113.


JUSTICE GINSBURG delivered the opinion of the Court.

Arizona law authorizes income-tax credits for payments to organizations that award educational scholarships and tuition grants to children attending private schools. See Ariz. Rev. Stat. Ann. § 43-1089 (West Supp. 2003). Plaintiffs below, respondents here, brought an action in federal court challenging § 43-1089, and seeking to enjoin its operation, on Establishment...

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