United States DC Circuit

In a suit by Navy chaplains alleging that the Navy's retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause, dismissal for lack of standing is affirmed where: 1) plaintiffs conceded that they had not suffered employment discrimination themselves; 2) plaintiffs lacked standing as taxpayers; and 3) standing did not arise from injury alleged to flow from the messages of preference or disapproval inherent in the Navy's actions.

Appellate Information

• Argued 04/24/2008
• Decided 08/01/2008
• Published 08/01/2008

Judges

• Before:  ROGERS and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Arthur A. Schulcz, Sr., argued the cause and filed the briefs for appellants.


• For Appellees:
  
• Lowell V. Sturgill, Jr., Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the briefs were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Robert M. Loeb, Attorney.  Daniel E. Bensing, Attorney, entered an appearance.