Eugene Volokh reports at The Volokh Conspiracy:
The opinion is ACLU of Minnesota v. Tarek ibn Ziyad Academy, filed yesterday. Most of it deals with whether the ACLU’s members have “taxpayer standing” to challenge the allegedly Establishment-Clause-violating program; the court said that it does, and also rejected some other procedural objections to the lawsuit. The court also concluded that the charter school is, under Minnesota law, a part of the state public education system, albeit a part that has considerable autonomy; the First Amendment thus applies to its actions. And the court concluded that the organization that runs the school is also to be treated as a state actor as to the school’s operation, because of its close involvement with the school.
ACLU of Minnesota v. Tarek ibn Ziyad Academy, No. 09-138 (DWF/JJG) (D. Minn., July 21, 2009)
