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Wednesday, May 03, 2006

Ind. Decisions - 7th Circuit issues no Indiana opinions today, but

But, this is interesting. Freedom from Religion Foundation v. Elaine Chao, Sec. of Labor. A petition for rehearing in banc, denied. It begins:

FLAUM, Chief Judge, concurring in the denial of rehearing en banc. Along with Judge Easterbrook, my vote to deny the petition for rehearing en banc is not premised upon a conclusion that the taxpayer standing issue as addressed in the panel opinion is free from doubt. Indeed, the position set forth in the dissent is one which could eventually command high court endorsement. However, the obvious tension which has evolved in this area of jurisprudence, as evidenced by the scholarly opinions of Judge Posner and Judge Ripple, can only be resolved by the Supreme Court. In my judgment, the needed consideration of this important issue by that tribunal would be unnecessarily delayed by our further deliberation.

_________

Chief Judge Flaum and Judge Easterbrook have written opinions concurring in the denial of the petition for rehearing en banc. Judge Ripple has written an opinion, which Judge Manion, Judge Kanne, and Judge Sykes have joined, dissenting from the denial of the petition.

Posted by Marcia Oddi on May 3, 2006 12:53 PM
Posted to Ind. (7th Cir.) Decisions