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June 14, 2004—Today, in a 5-4 decision, the Supreme Court upheld the Ninth Circuit Court of Appeals' reversal of the U.S. District Court (Arizona) decision to dismiss the Winn v. Killian case, which was filed against the state's tuition tax credit legislation. This ruling will allow federal courts to now hear cases involving state tax credits.
"The relentless trend in the courts is to break all previous trends," Franks said. "The out-of-control behavior of the Ninth Circuit, upheld by the Supreme Court, demonstrates once again how the courts have arrogated unto themselves the critical role of the legislative body of government, leading us all toward judicial oligarchy.
It is a blatant slap in the face to state courts to completely disregard their authority on constitutional issues affecting their state.
Shame on the Ninth Circuit, for its disgraceful and reckless decision last October. Today's High Court ruling has compounded that recklessness by creating more protracted and expensive litigation in federal courts, instead of allowing the state courts to decide constitutional questions concerning state taxes.
I remain convinced that we will ultimately prevail on the constitutional merits, and that this highly effective scholarship program that currently provides invaluable educational opportunities to tens of thousands of Arizona's children will continue." |
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