Hein v. Freedom Fro — Souter, J…

Summary

Justice Souter dissents, arguing that taxpayers have standing to challenge executive branch expenditures under the Establishment Clause. He contends the plurality's distinction between legislative and executive spending is arbitrary and that Flast v. Cohen applies equally. Justice Scalia concurred in judgment to argue Flast is fundamentally flawed, while Justice Kennedy concurred based on separation of powers concerns.