Thursday, October 22, 2009

Ninth Circuit Denies En Banc Review of Arizona Private School Scholarship Case

How Appealing has a post about the Ninth Circuit's decision not to hear en banc the case relating to Arizona's private school tax credit.  The post is below:
Eight active judges on the Ninth Circuit note their dissent from today's order denying rehearing en banc of a decision reinstating a lawsuit alleging that Arizona's private school scholarship tax credit program, as applied, violates the Establishment Clause: You can access today's order denying rehearing en banc, the concurrences in that order, and the dissent from that order at this link. It is interesting to note that one of the judges who jointly authored the main concurrence is a senior Circuit Judge who served on the original three-judge panel but, due to her senior status, does not have the ability to vote for or against rehearing en banc.
My earlier coverage of the three-judge panel's ruling, from April 2009, can be accessed here.
In coverage of today's order, The East Valley Tribune has a news update headlined "Private school tax credits dealt setback."
 And The Associated Press reports that "Court challenge to state tax credit stands."


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