7th Circuit Taxpayer Standing Decision

[Conkle, Daniel O.]

The 7th Circuit, 2-1 (majority opinion by Judge Ripple, joined by Judge Kanne), has extended Hein v. Freedom from Religion Foundation to a case involving a claim of *state* taxpayer standing.  The case involves a taxpayer challenge to sectarian legislative prayer in the Indiana House of Representatives.  The plaintiffs earlier had won a district-court injunction against this practice, and the 7th Circuit had tentatively agreed in denying a stay, but the 7th Circuit now concludes that Hein, combined with DaimlerChrysler Corp. v. Cuno, calls for dismissal for lack of standing.

Judge Wood dissents, arguing that the majority misreads Hein.  Judge Wood also suggests that proper plaintiffs would not be difficult to find, based on more direct encounters with the prayers, etc., but she argues that the existing taxpayer plaintiffs should themselves have been permitted to proceed.

Hinrichs v. Speaker of the House of Representatives,  http://www.ca7.uscourts.gov/tmp/7S0THZZJ.pdf

Daniel O. Conkle
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Daniel O. Conkle
Robert H. McKinney Professor of Law
Indiana University School of Law
Bloomington, Indiana  47405
(812) 855-4331
fax (812) 855-0555
e-mail conkle at indiana.edu
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