Church-state dispute fires up justices

From The Pittsburgh Tribune Review-

The Obama administration upset liberals as well as the president's two Supreme Court appointees Wednesday by arguing that ordinary citizens have no legal right to go to court to challenge the government if it uses tax money to fund religious schools.

The surprising argument occurred in this term's most important church-state dispute. At issue is the constitutionality of an unusual, 13-year-old Arizona law that allows taxpayers to direct a $500 tax credit to a private organization, which in turn pays tuition for students in private schools. More than 90 percent of the money goes to religious schools, the challengers said.

Acting U.S. Solicitor General Neal Katyal joined Arizona in defense of the law, but went further and argued no one had the legal standing to challenge it in court. Because no citizen could prove that "a cent ... of his money goes to fund religion," no one had a right to sue over the alleged unconstitutional subsidy for religion, Katyal said.

Justices Ruth Bader Ginsburg and Stephen G. Breyer quickly objected. If no one can sue, there would be no way to enforce the First Amendment's ban on laws that foster "an establishment of religion," they said.

Justice Sonia Sotomayor appeared to agree, commenting that "this is the state's money" going to private groups that fund only religious schools.

More here-

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