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Abstract

Argument: Tuesday, March 12, 1968
Decision: Monday, June 10, 1968
Issues: Judicial Power, Standing to Sue, Taxpayer's Suit

Advocates

Sam J. Ervin, Jr. (Argued the cause for Americans for Public Schools et al., as amici curiae, urging reversal)
Erwin N. Griswold (Argued the cause for the appellees)
Leo Pfeffer (Argued the cause for the appellants)

Facts of the Case

Florence Flast and a group of taxpayers challenged federal legislation that financed the purchase of secular textbooks for use in religious schools. Flast argued that such use of tax money violated the Establishment Clause of the First Amendment. A district court held that the federal courts should defer when confronted with taxpayer suits directed against federal spending programs.

Question

Did Flast, as a taxpayer, have standing to sue the government's spending program?

Conclusion

In an 8-to-1 decision, the Court rejected the government's argument that the constitutional scheme of separation of powers barred taxpayer suits against federal taxing and spending programs. In order to prove a "requisite personal stake" in such cases, taxpayers had to 1) establish a logical link between their status as taxpayers and the type of legislative enactment attacked, and 2) show the challenged enactment exceeded specific constitutional limitations imposed upon the exercise of Congressional taxing and spending power. The Court held that Flast had met both parts of the test.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 8 votes for Flast, 1 vote(s) against
Legal Provision: Article 3, Section 2, Paragraph 1: Case or Controversy Requirement
Wrote the majority opinion
Warren
Voted with the majority
Black
Wrote a regular concurrence
Douglas
Wrote a dissent
Harlan
Voted with the majority
Brennan
Wrote a regular concurrence
Stewart
Voted with the majority
White
Wrote a regular concurrence
Fortas
Voted with the majority
Marshall
Full Opinion by Chief Justice Earl Warren

Cite this page

The Oyez Project, Flast v. Cohen, 392 U.S. 83 (1968),
available at: <http://www.oyez.org/cases/1960-1969/1967/1967_416/>
(last visited ).