FRANCHISE TAX BOARD OF CALIFORNIA ET AL.
v.
UNITED AMERICANS FOR PUBLIC SCHOOLS ET AL.

U.S. | 1974-10-21
No. 73-1718
joined by The Chief Justice and Mr. Justice Rehnquist,
419 U.S. 890 Supreme Court of the United States (1974) Positive Treatment
Cited by 4 cases

Dissent
Mr. Justice White,

Mr. Justice White,

joined by The Chief Justice and Mr. Justice Rehnquist,

dissenting.

The District Court struck down the California statute providing state income-tax reductions for taxpayers sending their children to nonpublic schools. The Court summarily affirms this judgment. For the reasons stated in my dissent in Committee for Public Education & Religious Liberty v. Nyquist, 413 U. S. 756, 813-824 (1973), I disagree and respectfully dissent.


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  • Hibbs v. Winn, 542 U.S. 88 (U.S. 2004)
    …ion for want of jurisdiction. See Mueller v. Allen, 463 U. S. 388 (1983) (state tax deduction for parents who send their children to parochial schools does not violate Establishment Clause); Byrne, 442 U. S. 907; United Americans for Public Schools, 419 U. S. 890; Committee for Public Ed. & Religious Liberty, 413 U. S. 756; Wolman, 413 U. S. 901; Griffin, 377 U. S. 218. Consistent with the decades-long understanding prevailing on this issue, respondents’ suit may proceed without any TIA impediment.13 For th…
  • Ariz. Christian Sch. Tuition Org. v. Winn, 563 U.S. 125 (U.S. 2011)
    …Wolman, 353 F. Supp. 744, 749 (SD Ohio 1972) (three-judge court) (noting that no party had questioned the standing of taxpayers to contest tax credits for private-school tuition payments); Franchise Tax Bd. of Cal. v. United Ams. for Public Schools, 419 U. S. 890 (1974), summarily aff’g No. C-73-0090 (ND Cal., Feb. 1, 1974) (three-judge court) (invalidating a tax credit for children attending private schools). See App. in Hibbs v. Winn, O. T. 2003, No. 02-1809, pp. 7-8 (complaint); Pet. for Cert. in Mueller…

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