At this year’s ACS National Convention, July 26-28, the Religion Clauses Issue Group sponsored a timely session addressing Establishment Clause standing. The issue group also met for a planning session on Friday, July 27th from 5:45-6:45 pm.

The Establishment Clause and Standing: Injury and Enforcement
Although some predicted that the Supreme Court would directly overturn its precedent in Flast v. Cohen, which held that taxpayers have standing to bring Establishment Clause challenges to government spending, the Court did not go quite far this term. Yet in Hein v. Freedom from Religion Foundation, the Court denied standing, shielding the Bush Administration's faith-based initiatives from taxpayer challenges on the ground that Flast applies only to programs fudned by express Congressional enactment. Experts on church-state law explored the issue of standing, grounding the discussion in practical examples such as government displays of religious symbols and state funding of faith-based organizations. What is the practical effect of Hein? Does the Court's decision shed first light on how the Roberts Court is likely to approach the law of church and state? What additional challenges are likely to be brought in this area of law?