In June 2017, the Georgia Supreme Court unanimously dismissed a lawsuit challenging Georgia’s popular tax credit scholarship program. The lawsuit, which was originally filed in 2014, made the claim that the program violated the state constitution.
The program provides scholarships for children to attend private schools, funded by voluntary donations from individuals and corporations. The Institute for Justice intervened in the lawsuit on behalf of four Georgia families who had used the program to send their children to the schools of their choice.
In February of 2016, a Fulton County Superior Court judge dismissed the legal challenge. The Plaintiffs appealed that ruling, but, with the Institute for Justice defending the program on appeal, the Supreme Court of Georgia affirmed the lower court’s dismissal on June 26, 2017.
To date, no court has ever struck down a tax credit scholarship program.
Intervenor-Defendents' Motion to Dimiss
Plaintiff's Response in Opposition to Intervenor-Defendants' Motion to Dismiss
Intervenor-Defendants' Cross-Motion for Judgment on the Pleadings
Reply in Support of Parent Intervenors' Motion to Dismiss
Plaintiffs' Response in Opposition of the Intervenor-Defendants' Cross-Motion for Partial Judgment on the Pleadings
Intervenor-Defendants' Reply to Plaintiff's Response
Georgia Supreme Court Decision
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