Hein v. Freedom from Religion…

Summary

The Court reversed the Seventh Circuit's judgment permitting federal taxpayer standing to challenge conferences conducted under the President's Faith-Based and Community Initiatives program. Justice Alito's plurality opinion, joined by Chief Justice Roberts and Justice Kennedy, concluded that Flast's exception did not encompass discretionary executive expenditures funded through general appropriations rather than a specific congressional authorization or mandate; it expressly declined to overrule Flast. Kennedy also concurred separately, defending Flast while emphasizing the separation-of-powers dangers of judicial supervision of executive speeches and activities. Justice Scalia, joined by Justice Thomas, concurred in the judgment but would have overruled Flast rather than distinguish it. Justice Souter, joined by Justices Stevens, Ginsburg, and Breyer, dissented and would have affirmed because taxpayers suffer the same cognizable injury from governmental support of religion regardless of whether Congress or executive officials direct the spending.