San Diego, Calif., Oct 25, 2011 / 03:59 am
The San Diego-based apologetics group Catholic Answers has asked the U.S. Supreme Court to allow it to sue the Internal Revenue Service for violating its First Amendment rights for “improperly taxing its constitutionally protected political speech.”
However, the lawsuit’s success is “highly unlikely,” said Lloyd Hitoshi Mayer, a University of Notre Dame Law School professor.
“Except under relatively rare circumstances, none of which exist here, successfully obtaining Supreme Court review is unlikely because the Court denies most requests for review,” Mayer told CNA on Oct. 24. “It is even more unlikely in this case because both the trial court and the appellate court - without dissent - found that the case was moot.”
Even if the Supreme Court agreed to hear the case, he added, it would likely confirm the finding of the lower court and affirm the dismissal of the lawsuit without considering its constitutional claim.