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Ball on a Needle: Hein V. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication
Beginning of article
Amidst a flurry of controversial decisions in the final days of the 2006-2007 Term,1 the Supreme Court delivered its opinions in Hein v. Freedom from Religion Foundation, Inc.2 For several reasons, Hein attracted considerably less attention than the other decisions at Term's end, all of which were seen as manifesting the Court's general rightward turn.3 First, Hein involved the seemingly arcane and relatively inaccessible subject of taxpayer standing to sue in the federal courts. Second, the underlying facts in Hein presented a weak and intuitively unappealing claim that the federal government had acted unconstitutionally in holding regional conferences to promote the President's …
