Under its relatively new and decidedly right-leaning leadership, the U.S. Supreme Court has taken a discouraging step limiting legal challenges that citizens can bring against the Bush administration’s “faith-based
The majority, however, did not do away with a 1968 precedent that allows taxpayers to challenge congressional promotion of religion. Two justices, Antonin Scalia and Clarence Thomas, would have overturned that precedent. Indeed, Scalia acidly referred to the precedent from Flast v. Cohen as “an inkblot on our jurisprudence.