Religion
Related: About this forumSupreme Court rejects atheist's appeal over cross
By JIM SUHR, Associated Press
Updated 10:04 am, Wednesday, January 23, 2013
ST. LOUIS (AP) The U.S. Supreme Court has rejected a Chicago-area atheist's final appeal in his lawsuit challenging the use of state funds to renovate an 11-story cross atop southern Illinois' tallest peak, ending the legal dispute spanning more than two years.
The nation's high court on Tuesday declined without comment to review Robert Sherman's request to hear his case involving the $20,000 grant given in 2008 to the 111-foot-high Bald Knob Cross of Peace near Alto Pass. Lower courts already had ruled that Sherman lacked standing to sue over the grant.
Sherman sued in August 2010, arguing that efforts to repair the cross using state money have "the primary effect of advancing a particular religious sect, namely Christianity." He noted that the grant came from a $5 million pot of money that the state Legislature channeled to the Illinois Department of Commerce and Economic Opportunity.
Sherman insisted that the grant was a legislative earmark not a discretionary allocation from the executive branch and therefore violated the First Amendment's prohibition against the establishment of religion.
http://www.seattlepi.com/news/article/Supreme-Court-rejects-atheist-s-appeal-over-cross-4216514.php
Upon hearing the decision, Sherman called the nation's court system a joke.
Agnosticsherbet
(11,619 posts)Jim__
(14,075 posts)The district court correctly assessed Shermans right to sue. Whatever may be lurking in the background of this appropriations legislation, the $20,000 grant to Friends was not the result of legislative action; rather, it can be traced at most to the initiative of a single legislator. The ultimate pool of $5 million was in the hands of an executive agency, which was formally responsible for the decision to hand out the $20,000 to Friends. Taxpayer standing under these circumstances is foreclosed by Hein v. Freedom from Religious Foundation, Inc., 551 U.S. 587 (2007). We therefore affirm the judgment of the district court.
struggle4progress
(118,278 posts)As I read this, the court says that even if legislative body procedures effectively earmarked the money for the Bald Knob Cross, the absence of "specific and binding" language in the legislation prevents Sherman from having standing
... Sherman also contends that Friends should be compelled to return the $20,000 it received for the restoration of the Bald Knob Cross. That too is out of the question. After Hein, we explicitly ruled that <t>he only form of relief the taxpayers <have> standing to seek <is> an injunction against the . . . disbursement of the allegedly unconstitutional grant ... Even if he did have standing, Sherman may seek only an injunction against the state prohibiting the allegedly unconstitutional disbursement, but it is too late for this relief ...
As I read this, the court says that even if Sherman had standing, he could only hope for a prior injunction against the grant, but can no remedy after the grant has been made. But since the impending executive decision to grant the money might easily be well-hidden before the grant is actually made, this alleged possibility of a prior injunction might be in actual fact entirely meaningless
dimbear
(6,271 posts)seat on the court, this nonsense will end.
cbayer
(146,218 posts)rug
(82,333 posts)That seems to be the case often.