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James Tarsney, Joe Loeffler, Wayne Olhoft, Tad Jude, Dr. Steve Calvin, Dr. Karen Karn, Dr. Konald Prem, Dr. Stanley Johnson, Brian Gibson, Jack Weiland, Russ Rooney, Mary Rooney, David Racer, Eugene Keating, Joseph Kueppers, John C. Cerrito, David States, Mary Kay States, Keith Jensen, Elizabeth Jensen, Roberta Becker, Linda Pettman, Karen Messicci, Angela Heithaus, Renae Lavoi, Cheri Emde, Mary Jacobs, Judy Hadley, Beth Gerlach, Mitzi Speranzella, Joan Appleton, Becky Saad, Marlene Reid, Bernadine Scroggins, Dr. Paul Spencer, Judi Spencer, Virginia Benyon, Jenifer Latawiec, Maria Schmitz, Barbara (Basia) Zebro, Cletus Tauer, Ramona Tauer, Peg Cullen, Meghan Jones, Mary Prior, Ruth Powers, Jolene Schmitz v. Michael O'keefe, Commissioner, Department of Human Services, State of Minnesota, the Roman Catholic Archdiocese, of St. Paul and Minneapolis American Center for Law and Justice the Knights of Columbus, St. Louis Park Council 3949, Inc. Members of the Minnesota Legislature Minnesota Lawyers for Life, Amici

Citations: 225 F.3d 929; 2000 U.S. App. LEXIS 22784Docket: 99-2986

Court: Court of Appeals for the Eighth Circuit; September 11, 2000; Federal Appellate Court

Narrative Opinion Summary

In this case, a group of taxpayers, including former state legislators, filed a lawsuit against the State of Minnesota and its Department of Human Services, challenging the use of state funds for abortions provided to low-income women. They argued that such funding violated their rights under the Free Exercise Clause due to their religious objections to abortion, as well as asserting claims under the Civil Rights Act and the Hyde Amendment. However, the district court dismissed the case for lack of standing, a decision that was upheld by the Eighth Circuit Court of Appeals. The appellants failed to demonstrate the direct personal injury required for standing under Article III of the Constitution. The court noted that taxpayer standing is typically limited to Establishment Clause claims and does not extend to Free Exercise claims without specific, direct harm. The appellants' additional arguments, including those based on their taxpayer status and legislative roles, were also found insufficient to confer standing. Consequently, the appellate court affirmed the dismissal, emphasizing the distinction between federal and state taxpayer standing, and the necessity for concrete injury to establish jurisdiction. The decision highlights ongoing complexities in taxpayer standing, especially under the Free Exercise Clause, and reinforces established legal precedents restricting such claims.

Legal Issues Addressed

Distinction between Establishment Clause and Free Exercise Clause

Application: The case highlights the difference in taxpayer standing between these two clauses, noting that standing is more readily available under the Establishment Clause than the Free Exercise Clause.

Reasoning: The document distinguishes between the Establishment Clause and the Free Exercise Clause concerning taxpayer standing.

Legislative Standing and Separation of Powers

Application: Individual legislators lack standing to challenge legislative acts deemed unconstitutional after leaving office, reinforcing separation of powers principles.

Reasoning: Additionally, two appellants, former state legislators Wayne Olhoft and Tad Jude, argue for standing based on their legislative roles, but individual legislators lack standing to intervene after a court deems a legislative act unconstitutional.

Requirements for Federal Taxpayer Standing

Application: The court reaffirmed that federal taxpayer standing is limited to Establishment Clause claims and requires demonstration of a direct injury.

Reasoning: Federal taxpayers have limited standing to raise Establishment Clause claims against congressional actions under the taxing and spending power, as established in Flast v. Cohen and Bowen v. Kendrick.

State Taxpayer Standing for Non-Establishment Clause Claims

Application: The court concluded that state taxpayer standing is broader than federal standing, but still requires a demonstration of direct injury or increased tax burden.

Reasoning: The Ninth Circuit establishes a three-part test for state taxpayer standing: (1) the individual must demonstrate taxpayer status, (2) challenge the appropriation and expenditure of state general funds, and (3) assert that these funds are used for unlawful purposes.

Taxpayer Standing under the Free Exercise Clause

Application: The court found that taxpayer standing does not apply to Free Exercise Clause claims unless there is a direct personal injury related to religious practice.

Reasoning: The appellants claim that state funding for abortions infringes on their Free Exercise Clause rights, as their tax contributions support abortions, which they oppose on moral and religious grounds.