Another court has rejected a lawsuit challenging tax credit scholarships after finding opponents of the program lacked standing to sue.
The latest ruling (flagged by Jason Bedrick of the Cato Institute) comes from Georgia, where on Friday, a Fulton County Superior Court judge issued a double whammy to school choice opponents when she tossed out the lawsuit after concluding the plaintiffs lacked legal standing and rejecting constitutional claims against the program.
In a ruling that echoes recent court decisions in other states, Judge Kimberly M. Esmond Adams held the plaintiffs lacked standing for two reasons — that taxpayer standing does not apply to privately funded programs, and that plaintiffs failed to show the program would harm them.
“Courts that have already considered whether a tax credit is an expenditure of public revenue have answered this question in the negative,” the judge wrote in her 19-page decision, referring to the 2010 U.S. Supreme Court ruling in Arizona v. Winn.
Adams also rejected the argument that plaintiffs, who include a parent and a grandparent of public-school students, would have had to shoulder a greater tax burden to pay for public education if the scholarship program were allowed to continue. “When these children leave public schools with a scholarship, the state no longer has to bear this expense,” she wrote. Continue Reading →