The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral 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 Ideology)

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Full Opinion: Judicial Power, Standing to Sue, Taxpayer's Suit: 8 - 1
Voted with the majority, authored a concurrence
Douglas
Voted with the majority, authored an opinion
Warren
Voted with the majority, authored a concurrence
Fortas
Voted with the majority, joined Warren's opinion
Brennan
Voted with the majority, joined Warren's opinion
Marshall
Voted with the majority, joined Warren's opinion
Black
Voted with the majority, joined Warren's opinion
White
Voted with the majority, authored a concurrence
Stewart
Voted with the minority, authored a dissent
Harlan

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 ).