The Volokh Conspiracy

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.”