Legal Opinion
Freedom From Religion Foundation, Inc. v. Elaine L. Chao, Secretary of Department of Labor
Court of Appeals for the Seventh Circuit
Decided January 13, 2006No. 05-1130PublishedCited by 26 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The question presented by this appeal is whether a taxpayer can ever have standing under Article III of the Constitution to litigate an alleged violation of the First Amendment’s establishment clause unless Congress has earmarked money for the program or activity that is challenged. The district judge thought not, and would have been correct in his thinking under an earlier view of Article Ill’s limitation of the federal judicial power to deciding “Cases” and “Controversies.” It was once thought that these terms (which “are, for all intents and purposes, synonymous,”…
2Cases cited31 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Allen v. WrightSupreme Court of the United States · 1984
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
- Flast v. CohenSupreme Court of the United States · 1968
26 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hein v. Freedom From Religion Foundation, Inc.Supreme Court of the United States · 2007
- Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
- Hinrichs v. Speaker of House of Representatives of the Indiana General AssemblyCourt of Appeals for the Seventh Circuit · 2007
- Hinrichs v. BosmaCourt of Appeals for the Seventh Circuit · 2006
- Eugene Winkler, Gary Gersen, Timuel Black, Mary Cay Marubio, and C. Douglas Ferguson v. Robert M. Gates, Secretary of DefenseCourt of Appeals for the Seventh Circuit · 2007
21 more not listed; retrieve them via the Exa API.