7th Circuit: Taxpayer Lacks Standing To Challenge Federal Aid To Boy Scout Jamboree

The U.S. 7the Circuit Court of Appeals today in Winkler v. Gates, (7th Cir., April 4, 2007), held that a taxpayer did not have standing to bring an Establishment Clause claim challenging the constitutionality of 10 USC 2554, the federal statute that authorizes the United States military to assist the Boy Scouts of America with its national Jamboree. The court held that the Jamboree statute is not primarily a taxing and spending statute-- and so a precondition to successful assertion of taxpayer standing was lacking. All 3 judges agreed that the taxpayer lacked standing, but Judge Sykes wrote a concurring opinion arguing that the taxpayer standing doctrine is not merely prudential, but is constitutionally mandated. Today's Washington Post reports on the decision. Boy Scouts of America issued a statement praising the decision. (See prior related posting.) [Thanks to How Appealing for the lead.]