Tag: Neal Katyal

SCOTUS hears cases that may kill Establishment Clause lawsuits and make way for theocracy

The Supreme Court heard oral arguments on Wednesday on two cases that have the potential to further ease the way for theocracy in the United States.

At stake is whether or not citizens can sue when tax credits are used to fund religious education and whether or not taxpayers have the right to sue to stop it. “The Obama administration says taxpayers have no right to sue if a state uses tax funds for parochial school tuitions,” the Los Angeles Times reports.

The ‘ability to sue over church-state claims at stake‘, The Associated Baptist Press reports. A 5-4 conservative Roberts Court decision “has the potential to change the way the law handles cases dealing with government endorsement of religion.”

If the court sides with the state, one consequence could be a significant reduction in taxpayers’ ability to sue governments over violations of the First Amendment clause that says “Congress shall make no law respecting an establishment of religion.”