(DOWNLOAD) "What's the Harm? Nontaxpayer Standing to Challenge Religious Symbols." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free
eBook details
- Title: What's the Harm? Nontaxpayer Standing to Challenge Religious Symbols.
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 309 KB
Description
The Supreme Court's religious display cases have provoked much critical commentary. (1) Yet few scholars have focused on the antecedent jurisdictional question of what kind of injury a plaintiff must show to establish nontaxpayer (2) Article III standing to challenge a governmental religious display or symbol (3)--despite a large body of circuit court case law on the issue. (4) The Supreme Court has addressed the question only obliquely, even though two sitting Justices and the late Chief Justice Rehnquist have identified it as worthy of the Court's consideration. (5) In most circuits, a plaintiff challenging a governmental religious symbol under the Establishment Clause need only show some variation of "direct and unwelcome contact" with the symbol to satisfy the injury-in-fact requirement of the Court's Article III standing doctrine. (6) But most circuit courts have analyzed the issue superficially, relying on the decisions of sister circuits or focusing on what can be gleaned from the Court's few passing comments on the issue. As of yet, no court or commentator has systematically evaluated the Article III standing of plaintiffs to challenge religious symbols in light of the entire corpus of Supreme Court standing precedent and the principles underlying those decisions. This Note undertakes that task and concludes that the weight of Supreme Court authority is at odds with the law in the circuit courts. Mere contact with a religious symbol, even if direct and unwelcome, produces at most psychological offense or stigmatic harm--injuries that the Court has found too abstract to give rise to standing.
 "What's the Harm? Nontaxpayer Standing to Challenge Religious Symbols." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free){kind=link}