The opinions seem to focus not on the establishment clause itself, but rather on the standing of the average taxpayer to sue. The opinions seem to state that suing the executive branch for misuse of funds in an unconstitutional manner is not an option open to taxpayers unless they can show direct, deliberate injury. So it's not so much that they hold the establishment clause as unconstitutional as they think that the executive branch can do whatever the fuck they want. Which is even scarier than the description you provided...
(no subject)
Date: 2007-06-25 07:41 pm (UTC)