The Legal and Regulatory Environment of Business

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Case 04 Case 4-1 (Chapter 4, p. 94) HEIN V. FREEDOM FROM RELIGION FOUNDATION 127 S.Ct. 2553 (2007) FACTS: The President, by executive orders, created a White House office and several centers within federal agencies to ensure that faith-based community groups are eligible to compete for federal financial support. No congressional legislation specifically authorized these entities. Respondents allege that these actions have the effect of promoting religious community groups over secular ones. The district court dismissed the claims for lack of standing. The Seventh Circuit reversed granting federal taxpayers standing to challenge executive branch programs on Establishment Clause grounds so long as the activities are financed by congressional appropriation. ISSUE: Do respondents have Article III standing to bring the lawsuit? DECISION: No. REASONS: 1. To satisfy Article III’s standing requirements, a plaintiff must show (1) it has suffered an “injury in fact” that is concrete and particularized and actual and imminent; (2) the injury is fairly
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Chap004Cases - Case 04 Case 4-1(Chapter 4 p 94 HEIN V FREEDOM FROM RELIGION FOUNDATION 127 S.Ct 2553(2007 FACTS The President by executive orders

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