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Litigation

: How Appealing

"A group of Protestant Navy chaplains sued the Navy, alleging that the Navy's operation of its retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause."

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"A group of Protestant Navy chaplains sued the Navy, alleging that the Navy's operation of its retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. The majority holds that the plaintiffs lack standing to sue because plaintiffs do not claim that the Navy actually discriminated against any of them.

Circuit Judge Brett M. Kavanaugh issued the majority opinion, in which Senior Circuit Judge Laurence H. Silberman joined. Circuit Judge Judith W. Rogers dissented, concluding that the plaintiffs do indeed have Article III standing to sue.

Full post as published by How Appealing on August 01, 2008 (boomark / email).

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