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Law Libraries' NewsLog > Posts > Legal Standing Under the First Amendment’s Establishment Clause
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10/16/2009
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Legal Standing Under the First Amendment’s Establishment Clause (September 15, 2009) [PDF - 14 pages]
Summary: The Establishment Clause of the First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion.”
This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court’s interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause and the implications of the Court’s 2007 decision in Hein v. Freedom From Religion Foundation, which further limited the circumstances under which Establishment Clause challenges could be brought. The report also discusses Salazar v. Buono, an Establishment Clause case scheduled for arguments before the Court in October 2009. |
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