Eugene WINKLER, Gary Gersen, Timuel Black, Mary Cay Marubio, and C. Douglas Ferguson, Plaintiffs-Appellees,
v.
Robert M. GATES, Secretary of Defense, Defendant-Appellant.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued April 6, 2006.
Decided April 4, 2007.
Attorney(s) appearing for the Case
Adam D. Schwartz (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Plaintiffs-Appellees.
Lowell Sturgill (argued), Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Defendant-Appellant.
Erik S. Jaffe, Washington, DC, for Amicus Curiae, American Legion
George A. Davidson (argued), Savvas Foukas, Hughes, Hubbard & Reed, New York, NY, for Amicus Curiae, Boy Scouts of America
John Tuskey, American Center for Law & Justice, Virginia Beach, VA, for Amicus Curiae, American Center for Law & Justice
Robert F. McDonnell, Office of the Attorney General, Richmond, VA, for Amicus Curiae, Commonwealth of Virginia
William H. Hurd, Troutman Sanders, Richmond, VA, for Amicus Curiae, John Warner, Senator, Frank R. Wolf, Congressman, Bob Goodlatte, Congressman, Tom Davis, Congressman, Eric Cantor, Congressman
John H. Findley, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae, Pacific Legal Foundation
Eric A. Isaacson, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, CA, for Amicus Curiae, Unitarian Universalist Association
Ayesha Khan, Americans United for Separation of Church and State, Washington, DC, for Amicus Curiae, Americans United for Separation of Church and State
Before BAUER, WOOD, and SYKES, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
WOOD, Circuit Judge.
This appeal presents another variation on the question whether taxpayers have standing to challenge a governmental action that allegedly violates the Establishment Clause—an issue that arises with some regularity. See Freedom from Religion Foundation, Inc. v. Chao,433 F.3d 989 (7th Cir.2006), cert. granted sub nom. Hein v. Freedom from Religion Foundation, Inc., ___ U.S. ___, 127 S.Ct. 722...
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