The Sixth Circuit's decision effectively immunizes congressional spending that supports sharia from an as-applied constitutional challenge, thereby undermining the fundamental purpose of theEstablishmentClause.
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.