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Supreme court to rule on aid for religious charities
Breaking Legal News |
2007/02/28 21:12
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The US Supreme Court heard oral arguments Wednesday in Hein v. Freedom From Religion Foundation, 06-157, where the court must decide whether taxpayers have standing under Article III of the Constitution to challenge federal support for "faith-based" religious initiatives. The Freedom from Religion Foundation (FFR) sued US Secretary of Labor Elaine Chao, complaining that government funds should not be used to promote President Bush’s Faith-Based and Community Initiatives. After the district court held that FFR did not have standing to sue and dismissed the case, the US Court of Appeals for the Seventh Circuit ruled in January 2006 that taxpayers have standing to challenge a program created by a Presidential executive order, alleged to promote religion, and which is financed by a congressional appropriation.
On Wednesday, Justice Breyer questioned a White House lawyer on whether a taxpayer would be able to challenge a law in which Congress sets up a church at Plymouth Rock. Justice Scalia took the opposite stance and asked a lawyer for FFR whether taxpayers would be able to sue over the use of security money for a presidential trip in which religion was discussed. The outcome of the case may depend on a 1968 Supreme Court decision which created an exception to the general prohibition on taxpayer challenges to the government spending of tax revenue. In that case, Board of Education v. Allen, the Court allowed taxpayers to challenge congressional spending for private religious schools.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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