The federal lawsuit alleges that the U.S. government's takeover and financial bailout of AIG was in violation of theEstablishmentClause of the First Amendment.
That exception is triggered in a claim of a violation of theEstablishmentClause and when there is a specific legislative grant for spending that implicates the First Amendment.
Still, many argue that theEstablishmentClause was intended to prohibit Congress from getting involved with religion and that the prohibition was only intended to apply to the federal government.