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Hein v. Freedom from Religion Foundation, et al. 06-157 (2007)  [Findlaw]

Secondary Link Hein v. Freedom from Religion Foundation, et al.  [Legal Information Institute]
Argument Date 02/28/2007
Decided 6/25/2007
Supreme Court Vote 5-4
Note This is an Art. III standing case with First Amendment ramifications. The majority did not overrule Flast v. Cohen (1968) but distinguished it. Nonetheless, Justices Scalia and Thomas would overrule Flast.
IssueWhether taxpayers have standing under Article III of the Constitution to challenge on Establishment Clause grounds the actions of Executive Branch officials pursuant to an executive order, where the plaintiffs challenge no Act of Congress, the Executive Branch actions at issue are financed only indirectly through general appropriations, and no funds are disbursed to any entities or individuals outside the government.
Supreme Court Times Link

Majority Opinion Alito, J.
Concurring Opinion Scalia, J. (concurring in judgment, joined by Thomas, J.), & Kennedy, J.
Dissenting Opinion Souter, J. (joined by Stevens, J., Ginsburg, J., & Breyer, J.)
Certiorari Granted 12/01/2006
Lower Court 7th Circuit
Lower Court Ruling Plaintiffs have standing to bring suit.
Oral Arguments transcript
audio (Oyez)  [Oyez]
For Petitioner
Paul D. Clement, Solicitor General

For Respondent
Andrew J. Pincus

For Amicus
Robert Corn-Revere, Ronald London & David Shapiro for American Atheists, Inc.

For United States
Certiorari Petition brief (includes lower court opinions)

Tony Mauro Analysis
"Court appears divided in faith-based case"

"'Faith-based' case tests establishment-clause lawsuit standing" (12/04/06)

"First Amendment claims get mixed reception at Court" (6/26/2007)

Opinion - Lower Court
Freedom from Religion Foundation v. Chao (7th Cir., 2006) (per Posner, J.)
Branigan, William, "Justices Quash Suit Over Funds For Faith Groups," June 26, 2007, Te Washington Post, Sect. A, p. 6
Greenhouse, Linda, "Justices Reject Suit on Federal Money for Faith-Based Office," The New York Times, June 26, 2007
SCOTUSblog, Commentary

Marty Lederman, "Quick Preliminary Notes on Hein and Morse," SCOTUSblog, 6/25/07

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