US high court gets appeal in Arizona school case

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PHOENIX (AP) -- The U.S. Supreme Court is being asked to overturn a lower court order reviving a constitutional challenge to Arizona's tax breaks for donations for private school scholarships.

An appeal filed Thursday by the Institute for Justice asks the high court to reverse a 2009 ruling by the 9th U.S. Circuit Court of Appeals. That ruling said the 13-year-old program could be unconstitutional by favoring religion.

The appeal argues that the appellate court's ruling conflicts with prior Supreme Court decisions and jeopardizes educational opportunities for thousands of children.

A 1997 state law provides dollar-for-dollar income tax breaks for donations to school tuition organizations.

Challengers include the American Civil Liberties Union of Arizona.