[Volokh] Jonathan Adler: If Navy Privileges Catholic Chaplains, Can Protestants Sue?

[notify at powerblogs.com]

Posted by Jonathan Adler:
If Navy Privileges Catholic Chaplains, Can Protestants Sue?
http://volokh.com/archives/archive_2008_07_27-2008_08_02.shtml#1217603025


   The U.S. Court of Appeals for the D.C. Circuit issued an interesting
   opinion, [1]In re Navy Chaplaincy, concerning standing to challenge
   the Navy's alleged favortism for Catholic chaplains. The majority
   opinion by Judge Kavanaugh begins:

     A group of Protestant Navy chaplains sued the Navy, alleging that
     the Navyâs operation of its retirement system discriminates in
     favor of Catholic chaplains in violation of the Establishment
     Clause. But the plaintiffs do not claim that the Navy actually
     discriminated against any of them. We conclude that plaintiffs lack
     standing to bring this claim, and we therefore affirm the judgment
     of the District Court.

   Judge Rogers dissented.

   I'm crashing on a manuscript at the moment, but I hope to have time to
   say more about this case later.

References

   1. http://pacer.cadc.uscourts.gov/common/opinions/200808/07-5359-1130996.pdf