Flast v. Cohen is limited to challenges to federal exercise of the spending power and has been narrowly limited to that context. Nednow's only claim would be that his right of parental control of his daughter's religion is being undermined. The Court may have an issue with such an injury being asserted by a noncustodial parent (I think that is Nednow's relationship).
At 08:19 AM 10/16/2003 -0700, you wrote:
Am I missing something on the standing question, or is this squarely governed by Flast v. Cohen's acceptance of taxpayer standing in Establishment Clause cases whether or not Newdow's relationship with his daughter would provide grounds for the more particularized harm required outside of the EC context?
John C. Eastman Professor of Law, Chapman University School of Law Director, The Claremont Institute Center for Constitutional Jurisprudence -----Original Message----- From: Conkle, Daniel O. [mailto:[EMAIL PROTECTED] Sent: Thursday, October 16, 2003 7:06 AM To: [EMAIL PROTECTED] Subject: Standing Issue in Pledge of Allegiance Case
I haven't studied or taught standing doctrine in any detail for a long time. I'd be very interested in knowing what those of you who know more than I do might think about the standing question and how the S. Ct. might resolve it.
Dan Conkle ************************************** Daniel O. Conkle Professor of Law Indiana University School of Law Bloomington, Indiana 47405 (812) 855-4331 fax (812) 855-0555 e-mail [EMAIL PROTECTED] **************************************
-----Original Message----- From: Sam Bagenstos [mailto:[EMAIL PROTECTED] Sent: Wednesday, October 15, 2003 3:29 PM To: [EMAIL PROTECTED] Subject: Re: Justices Take Case on Pledge of Allegiance's 'God' Reference
The only thing I'd say about this is that I wouldn't count any of the "Fab Four" as sure votes for the plaintiff on the standing question.
