United States Ninth Circuit

In a Constitutional challenge to a website maintained by the University of California at Berkeley which portrayed evolutionary theory and religion as perhaps compatible, dismissal is affirmed where plaintiff, claiming harm by being exposed to government endorsed religious messages and made to feel like an outsider in public discourse, claimed only a generalized grievance and lacked standing to sue the government.

Appellate Information

• Argued 05/14/2008
• Decided 10/03/2008
• Published 10/03/2008

Judges

• RYMER, Circuit Judge:, Before:  B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Larry Caldwell, Quality Science Education for All, Roseville, CA, Kevin T. Snider (argued), Pacific Justice Institute, Sacramento, CA, for the plaintiff-appellant.


• For Appellees:
  
• William J. Carroll (argued), Katharine Demgen, Morgenstein & Jubelirer LLP, San Francisco, CA, Jeffrey A. Blair, Christopher M. Patti, University of California, Office of the General Counsel, Oakland, CA, for defendants-appellees Roy L. Caldwell, Ph.D., and David Lindberg., Robert M. Loeb, Lowell V. Sturgill Jr. (argued), United States Department of Justice, Civil Division, Washington, D.C., for defendant-appellee David Campbell.