Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
The U.S. Court of Appeals for the Tenth Circuit took an expansive view June 21 of who can sue under the establishment clause ( Am. Humanist Ass’n v. Roe , 2017 BL 210186, 10th Cir., No. 16-1049, 6/20/17 ).
Establishment clause standing is also an issue in the challenge to President Donald Trump’s travel ban, which temporarily halted travel from certain majority-Muslim countries. The Supreme Court is expected to announce soon whether it will take up the challenge or let it continue to be fought out in the lower federal courts.
Here, the court revived a elementary school student’s claims against his school district, filed after he and his mom were asked by his teacher to contribute to a religious “mission trip.”
The district court originally dismissed his claims because the one-time request wasn’t “conspicuous or constant.”
That standard is too exacting, the Tenth Circuit said, in an opinion by Judge Carlos F. Lucero. “An ‘identifiable trifle is enough for standing to fight out a question of principle,’” the court said, quoting a 1973 high court opinion.
The case now returns to the district court to determine if the one-time solicitation for funds unconstitutionally promoted the Christian religion in contravention of the First Amendment’s prohibition against governments favoring or disfavoring any particular religion.
Judges Harris L. Hartz and Carolyn B. McHugh joined the opinon.
American Humanist Association, Washington, argued for themselves and the other plaintiffs.
Lewis Roca Rothgerber Christie, LLP, Denver, argued for the defendants.
To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Full text at http://src.bna.com/p4p.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)