Seventh Circuit Review


Taxpayer standing has generally been prohibited by a line of Supreme Court cases with one narrow exception – if it involves a congressional statute that violates the Establishment Clause. This Note examines whether the Seventh Circuit correctly interpreted Supreme Court precedent as permitting taxpayer standing when the executive branch allegedly violated the Establishment Clause with unearmarked funds appropriated from Congress. Furthermore, this Note examines whether the Seventh Circuit’s denial of rehearing en banc was proper even though the three judge panel expanded a long standing Supreme Court exception. Both the majority and dissenting opinions agreed that the controversy warranted Supreme Court intervention, yet the denial of rehearing en banc made the three judge panel’s opinion the law of the land until the Supreme Court accepts certiorari.

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