Kendrick v. Bowen

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I. INTRODUCTION 1551

II. BACKGROUND 1552

III. BECAUSE THE MATERIAL FACTS ARE NOT IN DISPUTE, SUMMARY JUDGMENT IS APPROPRIATE IN THIS CASE. 1553

IV. THE FEDERAL TAXPAYER PLAINTIFFS HAVE STANDING TO BRING THIS ACTION BECAUSE THEY RAISE AN ESTABLISHMENT CLAUSE CHALLENGE TO THE

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AFLA, WHICH WAS ENACTED PURSUANT TO THE TAXING AND SPENDING CLAUSE. 1554

V. BECAUSE THE AFLA DOES NOT MAKE EXPLICIT AND DELIBERATE DISTINCTIONS AMONG RELIGIONS, THE COURT MUST USE THE TRIPARTITE TEST SET FORTH IN LEMON V. KURTZMAN TO EVALUATE THE STATUTE. 1556

VI. ALTHOUGH THE AFLA HAS…