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Justices Weigh Right to Sue Over Church-State Separation

Wednesday, February 28th, 2007 by bill

From Washington Post
By Robert Barnes
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The Supreme Court, for the first time under Chief Justice John G. Roberts Jr., confronted yesterday the devilishly complicated issue of church-state separation, and whether ordinary taxpayers have the right to sue over the Bush administration’s embrace of faith-based organizations.

With Roberts and newest member Samuel A. Alito Jr. active in the discussion, the justices bombarded the lawyers before them with questions about what kinds of government action could warrant a taxpayer suit. A church built by the government? The number of times a president appears at prayer breakfasts?

Roberts even wondered whether opponents of the administration’s initiatives would extend their concerns to the court itself, which opened yesterday’s session, as it always does, with a marshal appealing for God to “save the United States and this honorable court.”

Constitutional scholars and some justices say that the First Amendment’s religion clauses present some of the most difficult questions to interpret.

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