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.