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LASKOWSKI v. SPELLINGS

No. 05-2749.

546 F.3d 822 (2008)

Joan LASKOWSKI and Daniel M. Cook, Plaintiffs-Appellants, v. Margaret SPELLINGS, in her official capacity as Secretary of the United States Department of Education, Defendant-Appellee, and University of Notre Dame, Defendant-Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 14, 2008.

Attorney(s) appearing for the Case

Jacquelyn E. Bowie Suess (argued), Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiffs-Appellants.

Lowell Sturgill (argued), Department of Justice, Washington, DC, for Defendant-Appellee.

Michael A. Carvin (argued), Jones Day, Washington, DC, for Defendant-Intervenor-Appellee.

Before POSNER, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case returns to us following the Supreme Court's order granting certiorari, vacating our prior judgment, and remanding for further consideration in light of Hein v. Freedom from Religion Foundation, Inc., 551 U.S. ___, 127 S.Ct. 2553, 168 L.Ed.2d 424 (2007). Univ. of Notre Dame v. Laskowski, ___ U.S. ___, 127 S.Ct. 3051, 168 L.Ed.2d 755 (2007). The issue is whether the plaintiff-taxpayers have standing under Flast v. Cohen...

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