Reinhardt Ascendant? Supreme Court Holds That The Tax Injunction Act Does Not Bar an Establishment-Clause Challenge to Arizona Tax-Credit Statute.

As the Supreme Court's October 2003 Term wrapped up last month, the press - in its zeal to cover holdings on matters such as national security, the evisceration of the federal Sentencing Guidelines, and the extraterritorial reach of U.S. antitrust laws- overlooked the single biggest story of the Term. In Hibbs. v. Winn, No. 02-1809; 2004 U.S. LEXIS 4175, the Court affirmed (albeit by a slim 5-4 margin) an opinion authored by oft-maligned Judge Stephen "Writ of" Reinhardt! The lesson? Hostage-taking works!

When we last left our heroes, the situation was this: The State of Arizona awards tax credits for contributions to "school tuition organizations" or "STOs." STOs are permitted to distribute grants to students who attend sectarian schools. Some Arizona taxpayers filed...