Court challenge to state tax credit stands (gov money for religious schools still unconstitutional)

[usregimechange]

Arizona's tax credit program to help pay for kids to attend private schools was dealt a setback Wednesday when the 9th Circuit Court refused to overturn a previous ruling that the program is unconstitutional because some participating nonprofits only give scholarships to religious schools.

http://www.eastvalleytribune.com/story/146083



Concurring in the denial of rehearing en banc:

Pregerson, Harry. - Nominated by Jimmy Carter on August 28, 1979.
Nelson, Dorothy Wright - Nominated by Jimmy Carter on September 28, 1979, senior status since 1995 (as such her vote doesn't count).
Reinhardt, Stephen Roy. - Nominated by Jimmy Carter on November 30, 1979.
Fisher, Raymond C. - Nominated by William J. Clinton on March 15, 1999.
*X number of the 27 active judges on the 9th Circuit were in the majority but the order doesn't specify who.

Dissenting from the denial of rehearing en banc:

O`Scannlain, Diarmuid Fionntain - Nominated by Ronald Reagan on August 11, 1986.
Kozinski, Alex - Nominated by Ronald Reagan on June 5, 1985, Served as chief judge, 2007-present.
Kleinfeld, Andrew Jay - Nominated by George H.W. Bush on May 23, 1991.
Gould, Ronald Murray - Nominated by William J. Clinton on January 26, 1999.
Tallman, Richard C. - Nominated by William J. Clinton on October 20, 1999.
Bybee, Jay S. - Nominated by George W. Bush on January 7, 2003.
Bea, Carlos T. - Nominated by George W. Bush on April 11, 2003.
Smith, Norman Randy. - Nominated by George W. Bush on January 16, 2007.


The order denying rehearing:
http://www.ca9.uscourts.gov/datastore/opinions/2009/10/20/05-15754o.pdf

The original 4 judge panel ruling:
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/21/0515754.pdf

Judges on that panel:

Opinion by Judge Fisher.
Concurrence by Judge Pregerson.
Concurrence by Judge D.W. Nelson.
Dissent by Judge O’Scannlain.


"The voluntary character of the private choice to prefer a parochial education over an education in the public school system seems to me quite irrelevant to the question whether the government’s choice to pay for religious indoctrination is constitutionally permissible." -Justice Stevens

[BrklynLiberal]

1. Well..there is one small victory for separation of church and state.

[usregimechange]

2. Small but important

[tosh]

3. Very important.