Arizona School Choice

Winn v. Garriott
Arizona Individual Tax Credits (Federal Court Case)


Parents Glenn and Rhonda Dennard with their children, (from left), Marche, Micah, Glenn II, Sarah and Joshua.

On April 4, 2011, in a major victory for school choice efforts nationwide, the United States Supreme Court dismissed this frivolous legal challenge to Arizona’s Individual Scholarship Tax Credit, which provides tens of thousands of school children the opportunity to attend the private school of their parent’s choice.












Essential Background


Latest Release: U.S. Supreme Court Dismisses Legal Challenge to Arizona School Choice Program; Court Holds Plaintiffs Lack Standing to Challenge Scholarship Tax Credit Program (April 4, 2011)

Client Video

Supreme Court Oral Argument Audio (November 3, 2010)

Legal Briefs and Decisions

Winn v. Garriott U.S.S.C. Decision (4-4-2011)
Winn v. Garriott Reply Brief (10-15-2010)
Launch Release: Back to School & Back to Court For Arizona Scholarship Tax Credits (August 9, 2004)

Winn v. Garriott Opening Brief (7-30-2010)

Winn v. Garriott Reply Brief (5-3-10)
Winn v. Garriott Cert. Petition

Order Denying Petition for Reheaing en banc (10-21-09)

Winn v. Garriott brief

Case Timeline

Lawsuit Filed:

February 15, 2000

Court Filed:

U.S. District Court for the District of Arizona


October 21, 2009: IJ's request for full Ninth Circuit Reconsideration denied

April 21, 2009:  9th U.S. Circuit Court of Appeals reinstates legal challenge to scholarship program

March 24, 2005: District Court dismissed challenge and upheld law

April 4, 2011: United States Supreme Court dismissed challenge

Current Court:

Supreme Court of the United States


Complete: Victory

Additional Releases

Maps, Charts and Fact

Release: U.S. Supreme Court to Decide Fate Of Arizona School Choice Program (November 2, 2010)
Release: New Study Shows Arizona Tax Credits Serve Low- and Moderate-Income Families. Student Data Refute Claims by Newspapers (October 18, 2010)

Op-eds, News Articles and Links

Release: In Defending Arizona’s School Choice Plan, Institute for Justice Sends Fourth Case to U.S. Supreme Court In Eight Years (May 28, 2010)

Article: School Choice Showdown at U.S. Supreme Court; Liberty & Law (December 2010)

Release: U.S. Supreme Court Grants Review in Arizona School Choice Case (May 24, 2010) Video: Arizona School Choice Fight Goes to U.S. Supreme Court; (October 19, 2010)
Release: Eight Judges Dissent From Ninth Circuit Order Declining to Rehear Legal Challenge to Arizona’s Individual Tax Credit Program (October 21, 2009) Article: Arizona Tax Credit Program Is Changing Lives—One Scholarship at a Time; Liberty & Law (October 2010)
Release: Arizona Governor to Sign Lexie’s Law To Save Scholarships for Special Needs and Foster Children (May 29, 2009) Video: Where does the alphabet end?; (August 23, 2010)
Release: IJ and Arizona Parents Ask Full Ninth Circuit To Reconsider Scholarship Tax Credit Ruling (May 14, 2009) Article: IJ Returns to US Supreme Court In Landmark School Choice Case; Liberty & Law (August 2010)
Release: Ninth Circuit Ruling: School Choice Tax Credits Remain Constitutional, But Arizona Program Called into Question (April 21, 2009) Article: IJ Asks U.S. Supreme Court to Reverse 9th Circuit Decision in Arizona School Choice Case; Liberty & Law (April 2010)
Release: 9th Circuit to Decide Fate Of Arizona School Choice Program (January 22, 2008) Article: Not an Endorsement of Religion National Law Journal (March 2010)
Release: Arizona’s Scholarship Tuition Tax Credit Again Upheld by Court as Constitutional (March 24, 2005)

Video: Andrea Weck & School Choice; (December 1, 2008)

Release: IJ Arizona Chapter Again Calls for Dismissal Of Frivolous Anti-School Choice Lawsuit (September 27, 2004) Article: The Ultimate Win-Win Scenario Liberty & Law (June 2005)
Article: School Choice Under Attack in Arizona—Again Liberty & Law (August 2004)

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