Gordon Taub v. Commonwealth of Kentucky, and Martha Layne Collins, in Her Official Capacity as Governor of the Commonwealth of Kentucky

LIVELY, Chief Judge.

The question in this case is whether a state taxpayer has standing to bring a suit in federal court to enjoin a state, its governor, and other executive officers from expending state tax revenues for allegedly unconstitutional purposes. After considering cross-motions with supporting documents, and briefs and oral arguments of counsel, the district court entered judgment dismissing the taxpayer’s action without prejudice. Since we agree that the plaintiff lacks standing, we affirm.

I

The facts are not in dispute. During the administration of the defendant Martha Layne…