COURT DECISIONS

The Arizona Supreme Court, which exercised original action jurisdiction and, in January 1999, upheld the constitutionality of it's school-choice tax credit against all challenges. On October 4, 1999, the U.S. Supreme Court declined to review the Arizona Supreme Court's decision, letting the lower court's ruling stand.

The Institute for Justice (IJ), founded in 1991, pursues "cutting-edge litigation in the courts of law and in the court of public opinion on behalf of individuals whose most basic rights are denied by the State." The Institute for Justice represents "dozens of parents and children in legal battles across the country in an effort to transfer power over basic educational decisions - including choice of schools - from bureaucrats to parents." In addition, IJ defends school choice programs throughout the country. In fact, their motto on this topic is, "If you have a school choice plan, you have a lawyer."

The Arizona case, Kotterman v. Killian, is summarized by IJ on it's website at: www.ij.org/cases/school/arizona.shtml.

Information on a related case in Pennsylvania (Giacommuci v. Southeast Delco School District) is summarized by IJ at: www.ij.org/cases/school/pennsylvania.shtml.