By Shawn Healy
Judging by the comments of the newest additions to the U.S. Supreme Court, Chief Justice Roberts and Justice Alito, the very prayer that precedes each session of oral arguments in the Court could be at stake if the decision of the 7th Circuit Court of Appeals is upheld in a suit filed by the Freedom From Religion Foundation. I recounted the details in
Tuesday's story, and the
Washington Post summarizees yesterday's proceedings in significant detail. The Court appears to be heading toward a reversal, as I count five votes opposed to providing taxpayer standing to sue for government violations of the Establishment Clause outside of the realm of Congress.
Reverse: Roberts, Alito, Scalia, Kennedy (skeptical of FFRF arguments) and Thomas (probable, but no remarks).
Uphold: Breyer (see comments in WP article), Ginsberg, Souter, and Stevens.
Stayed tuned for the Court's ultimate decision, probably in late June at the end of the 2006-2007 term.
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