D.C. Circuit case

[Stuart BUCK]

A new opinion from the D.C. Circuit today (Janice Rogers Brown writing) in 
Chaplaincy of Full Gospel Churches v. England.  The opinion is here: 
http://caselaw.lp.findlaw.com/data2/circs/dc/055143b.pdf  The opinion 
reverses and remands a lower court's denial of a preliminary injunction 
against the Secretary of the Navy for allegedly maintaining a quota system 
that disadvantaged chaplains from "non-liturgical Protestant faiths."

The interesting bits are 1) the court holds that under Elrod v. Burns, a 
"party alleging a violation of the Establishment Clause per se satisfies the 
irreparable injury requirement of the preliminary injunction calculus," and 
2) the "chilling effect" analysis that the defense relied on here is 
inapposite, because a "chilling effect" would be relevant only if the 
plaintiff were prevented from engaging in some activity, whereas the 
Establishment Clause can and does apply even where the plaintiff's own 
conduct is unaffected.

Best,
Stuart Buck

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