But the resolution was  non-binding and unenforceable; how then,  on your
view of standing are they harmed?

 

 

Marc D. Stern

Associate General Counsel

for Legal Advocacy


ste...@ajc.org
212.891.1480

646.287.2606 (cell)

 

 <http://www.ajc.org/> 

 

 

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From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Wednesday, November 10, 2010 3:20 PM
To: Law & Religion issues for Law Academics
Subject: FW: TRO against Oklahoma "no use of Sharia Law"

 

               Well, the Catholic League minority reasoned that "the parties
who are personally the subjects of the resolution, such as Cardinal Levada,
Archbishop Niederauer, and Catholic Charities, could demonstrate cognizable
harm," because they were singled out by name in the resolution; but that
people who are simply offended by the condemnation of Catholicism do not
have standing.  I would think that the plaintiff in the Oklahoma case falls
more in the latter category than in the former.

 

From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern
Sent: Wednesday, November 10, 2010 11:36 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: TRO against Oklahoma "no use of Sharia Law"

 

The five judges who dissented on the standing issue stated explicitly that
while the Catholic League did not have standing, the Catholic Church would
have. Why isn't that caveat controlling here?

 

Marc D. Stern

Associate General Counsel

for Legal Advocacy

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