Hibbs v. Winn (Decided)

June 22, 2004

Reviewing whether state tax credit scheme that is a variation on traditional school vouchers can be challenged in federal court. DECIDED

This case began as an Establishment Clause challenge to a tax credit program created in Arizona to subsidize religious education. The issue before the Supreme Court is whether the Tax Injunction Act bars federal jurisdiction. Our claim is that it does not because a federal court order enjoining the program would increase rather than decrease state tax revenues.

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