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... respondents had standing as taxpayers under Flast v. Cohen, 392 U. S. 83, and had stated an Establis...See Brief for Respondent Winn et al. 42; see alsoArizona Dep...
... In the words of Chief Justice Marshall in Cohens v. Virginia : "In the first, jurisdiction depends... were found to have standing, however, in Flast v. Cohen , to contest the expenditure of federal ... the issuance of injunctions to expire in a brief period, and the short-term factual context of cer...
... lack of standing, concluding that under Flast v. Cohen , 392 U. S. 83, federal taxpayer standi... in violation of the Establishment Clause." Brief for Respondents 12. But this broad reading fails t...
Amidst a flurry of controversial decisions in the final days of the 2006-2007 Term, the Supreme Court delivered its opinions in Hein v. Freedom from Religion Foundation Inc. For several reasons, Hein attracted considerably less attention than the other decisions at Term's end, all of which were seen as manifesting the Court's general rightward turn. Hein involved the seemingly arcane and relatively inaccessible subject of taxpayer standing to sue in the federal courts. Far more than may appear on the surface, the outcome and opinions in Hein are likely to reverberate heavily through the process of Establishment Clause adjudication. The primary purposes in this paper are to expose, analyze, and critique that potential gap. The piece begins with a focus on Hein itself. Whatever the genesi...
... concluded, served to distinguish Hein from Flast v. Cohen,6 the Court's most prominent precedent up...Finally, Part VIII adds a brief note on the potential role of state courts if and ...
...With him on the briefs was Leo P. Dombrowski. David A. Strauss argued the... parties having adverse legal interests." , Flast v. Cohen, 392 U. S. 83 , 101 [(1968)]"); see also...
... constitutional law, today filed an amicus brief with the Supreme Court of the United States urging... brief notes, rests on the 1968 decision of Flast v. Cohen. Subsequent to Flast, however, the Suprem...
... Clause challenge this Court permitted in Flast v. Cohen, 392 U. S. 83, 105-106. Flast allowe...App. 28a; see also Brief for Respondents 24. On several occasions, this Cou...
... alia, respondent's lack of standing under Flast v. Cohen, 392 U.S. 83 , was reversed by the Court...On the brief were former Solicitor General Griswold, Assistant ...
... lacked standing to sue as taxpayers under Flast v. Cohen, 392 U.S. 83 , and failed to allege any ... Hodgson, Jr., argued the cause and filed a brief for petitioner. Solicitor General Lee argued the ...
...at 560-61, 112 S.Ct. 2130. Flast v. Cohen, 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2d 9...The question for us, briefly put, is whether the Jamboree statute is more like ...
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