Rehnquist, C. J., concurring in judgment
dow lacks prudential standing to bring this suit in federal court.[1]
The judgment of the Court of Appeals is reversed.
Justice Scalia took no part in the consideration or decision of this case.
Chief Justice Rehnquist, with whom Justice O'Connor joins, and with whom Justice Thomas joins as to Part I, concurring in the judgment.
The Court today erects a novel prudential standing principle in order to avoid reaching the merits of the constitutional claim. I dissent from that ruling. On the merits, I conclude that the Elk Grove Unified School District (School District) policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," does not violate the Establishment Clause of the First Amendment.
I
The Court correctly notes that "our standing jurisprudence contains two strands: Article III standing, which en-
- ↑ Newdow's complaint and brief cite several additional bases for standing: that Newdow "at times has himself attended—and will in the future attend—class with his daughter," App. 49, ¶ 80; that he "has considered teaching elementary school students in [the School District]," id., at 65, ¶ 120; that he "has attended and will continue to attend" school board meetings at which the Pledge is "routinely recited," id., at 52, ¶ 85; and that the School District uses his tax dollars to implement its Pledge policy, id., at 62–65. Even if these arguments suffice to establish Article III standing, they do not respond to our prudential concerns. As for tax payer standing, Newdow does not reside in or pay taxes to the School District; he alleges that he pays taxes to the District only "indirectly" through his child support payments to Banning. Brief for Respondent Newdow 49, n. 70. That allegation does not amount to the "direct dollars and cents injury" that our strict taxpayer standing doctrine requires. Doremus v. Board of Ed. of Hawthorne, 342 U.S. 429, 434 (1952).
