Hein v. Freedom From Religion Foundation
| Hein v. Freedom From Religion Foundation | |
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| Argued February 28, 2007 Decided June 25, 2007 |
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| Full case name | Hein, Jay, et al. (Dir., White House Office of Faith-Based and Community Initiatives) v. Freedom from Religion Foundation, Inc., et al. |
| Docket nos. | 06-157 |
| Citations | 551 U.S. 587 (more) |
| Holding | |
| Taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government. | |
| Court membership | |
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| Case opinions | |
| Plurality | Alito, joined by Roberts, Kennedy |
| Concurrence | Kennedy |
| Concurrence | Scalia, joined by Thomas |
| Dissent | Souter, joined by Stevens, Ginsburg, Breyer |
| Laws applied | |
| U.S. Const. Art. I, §8; U.S. Const. Art. I, §9; U.S. Const. amend. I | |
Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), was a decision by the United States Supreme Court which ruled that taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government. The issue was whether taxpayers have the right to challenge the existence of the White House Office of Faith-Based and Community Initiatives. The case centered on three Supreme Court precedents: Flast v. Cohen, 392 U.S. 83 (1968), Bowen v. Kendrick, 487 U.S. 589 (1988), and Valley Forge Christian College v. Americans United for Separation of Church & State, 454 U.S. 464 (1982).
In a 5-4 vote the Supreme Court ruled that the Foundation did not have standing to sue and ordered the Appeals court finding reversed.
In January 2001, President George W. Bush created the White House Office of Faith-Based and Community Initiatives within the Executive Office of the President by an Executive Order. Later Executive Orders created centers for the Office within the Departments of Justice, Labor, Health and Human Services, Housing and Urban Development, Education, and Agriculture, as well as at the Agency for International Development.
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