Taxpayers Powerless to Insist on Church-State Separation

Hein v. Freedom From Religion Foundation, Inc, No. 06-157.(7th Circuit) - Decision 06/25/07

"The government in a free society may not force a citizen to contribute three pence only of his property for the support of any one establishment of religion." ~James Madison

In Hein, the Supreme Court – including Chief Justice Roberts and Justice Alito – got to close the courthouse doors to citizens seeking the vindicate their rights, while, at the same time, limit precedent which serves to enforce the First Amendment's Establishment Clause. The Court decided that, while James Madison's quote may be true of Congressional expenditures, the same does not hold true for the Executive Branch.  In a circular opinion, which even Justice Scalia called "meaningless and disingenuous," Justice Alito wrote for the plurality that federal taxpayers do not have standing to challenge executive branch violations of the Establishment Clause.

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