Very Disappointing: The Obama Administration and the Establishment Clause

2019-03-18T18:48:12+00:00October 31st, 2010|Tags: , , , , |

The Obama administration’s brief supporting an Arizona law which creates a tax credit system which substantially benefits religious schools is inexplicable and deeply disappointing. Arizona Christian School Tuition Organization v. Winn (Nos. 09-857 and 09-991), to be argued on Wednesday, November 3, does not involve a federal law and did not require any participation by the Obama administration. Yet, the Solicitor General’s office filed a brief for the United States which argues that taxpayers lack standing to challenge a state tax program which subsidizes religious schools and that this does not violate the Establishment Clause of the First Amendment. It is exactly the brief that would have been expected from the Bush administration, but disturbing to have come from the Obama Justice Department.