FREEDOM FROM RELIGION FOUNDATION, INC. v. CHAO

No. 05-1130.

433 F.3d 989 (2006)

FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellants, v. Elaine L. CHAO, Secretary of Department of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 2006.


Attorney(s) appearing for the Case

Richard L. Bolton (argued), Boardman, Suhr, Curry & Field, Madison, WI, for Plaintiffs-Appellants.

Lowell Sturgill (argued), Department of Justice Civil Rights Division, Appellate Section, Washington, DC, for for Defendants-Appellees.

Before POSNER, RIPPLE, and WOOD, Circuit Judges.


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 III's limitation of the federal judicial power to deciding...

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