Cain v. Horne: School Choice for Whom?

In Cain v. Horne, the Arizona Supreme Court unanimously held that school-voucher programs providing state funding for the private education of disabled and foster children violated the Arizona Constitution. Although the court struck down the voucher programs, it reaffirmed its earlier holding in Kotterman v. Killian that tuition tax credits are constitutional. This Case Note considers several questions stemming from Cain. The Case Note ultimately concludes that the tax credits are a fairer way of providing school choice, despite some potentially unsavory social consequences.