Bench Memos

Faith-based Oral Argument

Earlier today the Supreme Court heard oral arguments in Hein v. Freedom from Religion Foundation, a challenge to the constitutionality of the Bush Administration’s faith-based initiative.  While billed as an establishment clause case, it may actually get decided on standing grounds.  Specifically, the Court may rule that the plaintiffs lack standing as taxpayers to challenge the constitutionality of the program.  Tony Mauro’s account of today’s arguments is here .

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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