Winn and the Move to Standing

Rick has noted the Winn decision and offered a per usual smart and nuanced rapid reaction.  I agree with Rick that the Flast exception is problematic (I am still not quite clear about the "logical link" and "nexus" tests...Justice Scalia notes that the majority and the dissent "struggle" to decide whether this case is in or out), and I, too, might have liked to see this case develop the Zelman line (however that development took shape).  But I'm not sure about that.  For a very nice piece on the beneficent move of the Court to standing doctrine to resolve some of these cases, see Steve Smith's excellent piece, Nonestablishment, Standing, and the Soft Constitution.

I also note that this is the first (I think?) major Religion Clause decision in which we can see how Justice Kagan's mind operates in these cases, as she wrote the quite lengthy dissent.  Rick was perspicuous here too.