decided: October 4, 1989.
IN RE: UNITED STATES CATHOLIC CONFERENCE AND NATIONAL CONFERENCE OF CATHOLIC BISHOPS, APPELLANTS, ABORTION RIGHTS MOBILIZATION INC., LAWRENCE LADER, MARGARET O. STRAHL, M.D., HELEN W. EDEY, M.D., RUTH P. SMITH, NATIONAL WOMENS HEALTH NETWORK, INC., LONG ISLAND NATIONAL ORGANIZATION FOR WOMEN-NASSAU, INC., RABBI ISRAEL MARGOLIES, REVERNED BEA BLAIR, RABBI BALFOUR BRICKNER, REVEREND ROBERT HARE, REVEREND MARVIN G. LUTZ, WOMENS CENTER FOR REPRODUCTIVE HEALTH, JENNIE ROSE LIFRIERI, EILEEN WALSH, PATRICIA SULLIVAN LUCIANO, MARCELLA MICHALSKI, CHRIS NIEBRZYDOWSKI, JUDITH A. SEIBEL, KAREN DECROW AND SUSAN SHERER, PLAINTIFFS-APPELLEES,
JAMES A. BAKER, III, SECRETARY OF THE TREASURY, AND ROSCOE L. EGGER, JR., COMMISSIONER OF INTERNAL REVENUE, DEFENDANTS
Original Opinion reported at,
Before: NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.
On petition for rehearing
Appellant have sought rehearing, alleging inconsistency between the opinion in this case and an opinion issued by another panel in Fulani v. League of Women Voters Education Fund, No. 88-6243 (2d Cir. Aug. 2, 1989). In Fulani, competitor standing was accorded to a political candidate to challenge her exclusion from a televised debate in which her political rivals were invited to participate. A majority of the panel concluded that she suffered sufficient injury to establish standing. In the present case, though this panel is divided as to whether the plaintiffs are sufficiently in competition with the Catholic Church to have suffered injury that confers standing, we are in agreement that the competition in Fulani is more direct and immediate than that shown here.
The petition for rehearing is denied.
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