Court asked to review ruling on Arizona tax credit

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PHOENIX -- School-choice advocates are asking a court to overturn a ruling that says an Arizona law giving an income tax credit for individuals' donations for private school tuition grants may be unconstitutional.

The Institute for Justice on Thursday asked the 9th U.S. Circuit Court of Appeals reconsider a three-judge panel's April 21 ruling.

The ruling said a judge was wrong to dismiss a challenge to the 1997 tax credit law and that plaintiffs have enough of a case to proceed with their challenge.

The Institute for Justice argues that the ruling clashes with U.S. Supreme Court decisions.

The American Civil Liberties Union of Arizona contends the credit violates the U.S. Constitution's prohibition against government action to enhance or inhibit religion.

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