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FREEDOM FROM RELIGION FOUNDATION, INC. v. GEITHNER

No. 09-17753.

644 F.3d 836 (2011)

FREEDOM FROM RELIGION FOUNDATION, INC.; Paul Storey; Billy Ferguson; Karen Buchanan; Joseph Morrow; Anthony Arlen; Elisabeth Steadman; William M. Shockley; Charles Crannell; Collette Crannell; Mike Osborne; Kristi Craven; Paul Ellcessor; Joseph Rittell; Wendy Corby; Pat Kelley; Carey Goldstein; Debora Smith; Kathy Fields; Richard Moore; Susan Robinson; Ken Nahigan, Plaintiffs-Appellees, v. Timothy GEITHNER, Secretary, U.S. Dept. of the Treasury; Douglas Shulman, Commissioner, IRS; Selvi Stanislaus, Executive Officer of the California Franchise Tax Board; United States of America, Defendants-Appellees, Michael Rodgers, Pastor, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2011.

Attorney(s) appearing for the Case

Kevin T. Snider , Pacific Justice Institute, Sacramento, CA, argued the cause and filed the briefs for the appellant. With him on the briefs was Matthew B. McReynolds , Sacramento, CA.

Ivan C. Dale , Department of Justice, Tax Division, Washington, D.C., argued the cause and filed a brief for the appellees. With him on the briefs were John A. DiCicco , Acting Assistant Attorney General, Gilbert S. Rothenberg , Acting Deputy Assistant Attorney General, and Teresa E. McLaughlin , Department of Justice, Tax Division.

Before: DIARMUID F. O'SCANNLAIN and STEPHEN S. TROTT, Circuit Judges, and TENA CAMPBELL, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether an individual who claims certain federal and state tax exemptions may intervene in an unrelated action challenging the constitutionality of those exemptions.

I

The Freedom from Religion Foundation, Inc. ("FFRF") sued the Secretary of the Treasury and the Commissioner of the Internal Revenue Service in their official capacities under 28...

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