Congress Giveth, and the Courts Taketh Away: Is Restitutionary Recoupment of Federal Funds a Proper Remedy When Taxpayers Allege that an Expired Statute Violated the Establishment Clause?

Abstract

This article will begin with an examination of the Supreme Court's precedent regarding standing and mootness, as well as the history of restitution in the Establishment Clause context. Next, the article will explain the circumstances surrounding Laskowski v. Spellings and address the holdings of both the district court and the Seventh Circuit. The next section will explore the developments that have unfolded following the Laskowski holding. Finally, in determining whether recoupment is a proper remedy in this context, this article will examine mootness, standing, and restitution separately and explain why the remedy is contrary to precedent in each of those areas of the law.