National Day of Prayer and the Establishment Clause

The Seventh Circuit just vacated the district court decision that held that the federal statute requiring the President to declare a National Day of Prayer violates the Establishment Clause. The Circuit held that plaintiff lacked standing to challenge either the statute or the President’s proclamation. And even “[i]f this means that no one has standing, that does not change the outcome. The Supreme Court has concluded that ‘the abstract injury in nonobservance of the Constitution asserted by … citizens’ in general is not a species of ‘injury in fact,’ even if the upshot is that no one can sue.”

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