Ignoring the language of the law, the Obama administration decided to give tax credits through the federally established exchange. This triggered several lawsuits, with two courts ruling to uphold the law as written, thereby preventing tax credits from being applied to individuals who signed up through the federal exchange, while a third court sided with the administration’s argument Congress simply forgot to write into the law that tax credits could be given through federal exchanges.
Throw enough mud at the wall, and some of it will stick. That seems to be the hope behind the several legal challenges brought against education tax credit scholarship programs. In some cases, choice opponents use the Blaine Amendment as an excuse to extinguish any hint of education freedom. In other cases, they use technicalities, such as a suit saying the statute violates a law requiring each piece of legislation concern only a single subject.
Over a three-year period, 2009-2012, Department of Justice data shows American taxpayers footed the bill for more than $53 million in so-called environmental groups’ legal fees—and the actual number could be much higher. The real motivation behind the Endangered Species Act (ESA) litigation, perhaps, could have more to do with vengeance and penance than with a real desire to protect flora and fauna.