Stare decisis bare adjudication of plaintiff's Establishment Clause claim. Murray v. Buchanan and Marsh v. Chambers unequivocally laid to rest any question concerning the constitutionality of the congressional chaplains. In Murray, two federal taxpayers alleging not to believe in a Supreme Being challenged the constitutionality of the congressional chaplains. Judge Oberdorfer dismissed the complaint on standing and political question grounds, recognizing, even then, that "the issues posed by these plaintiffs and their complaint are not new to this Court, and their disposition is controlled by the results of those earlier proceedings." Murray v. Morton, 505 F. Supp. 144, 145 (D.D.C. 1981).6 Plaintiffs noticed an appeal, which was pending when the Supreme Court decided Marsh v. Chambers.
In Marsh, a member of the Nebraska state legislature challenged the constitutionality of Nebraska's legislative chaplain. Ignoring Supreme Court Justices' repeated suggestions that the Court would uphold the constitutionality of legislative chaplains -see, e.g., Abington School Dist. v. Schempp, 374 U.S. 203, 212-14 (1963); id. at 299-300 (Brennan, J., concurring); Engel v. Vitale, 370 U.S. 421,446-50 (1962) (Stewart, J., dissenting); Zorach v. Clauson, 343 U.S. 306, 312-13 (1952); Illinois ex rel. McCollum v. Board of Educ. of School Dist. No. 71,333 U.S. 203, 253-54 (1948) (Reed, J., dissenting) - the Nebraska District Court held that paying the Nebraska legislative chaplain from public funds violated the Establishment Clause. 504 F. Supp. 585 (D. Neb. 1980). The Eighth Circuit affirmed and further held that opening legislative sessions with prayer also violated the Establishment Clause. 675 F.2d 228,233-35 (8th Cir. 1982).
6 Two previous challenges to the congressional chaplains had also been dismissed. See Elliott v. White, 23 F.2d 997 (D.C. Cir. 1928) (holding that plaintiff lacked standing to challenge compensation of congressional and military chaplains); O'Hair v. Nixon, No. 73-410 (D.D.C. Mar. 21,1973) (dismissing without opinion suit challenging congressional chaplains).
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