7th Cir Establishment Clause standing case

[Derek Gaubatz]

Winkler v. Gates, No. 05-3451
<http://caselaw.lp.findlaw.com/data2/circs/7th/053451p.pdf> 
In an Establishment Clause challenge to a statute requiring the U.S.
military to assist the Boy Scouts of America (BSA) organization with its
Jamboree, ruling for plaintiffs is reversed where the plaintiffs lacked
standing to bring the suit since the Jamboree statute is primarily an
exercise of congressional powers under the Military and Property
Clauses, and while the use of those powers necessarily requires some
incidental spending, the statute is not the kind of "tax and spend"
legislation that is open to a taxpayer challenge.

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