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ADLER v. BOARD OF EDUCATION.

No. 8.

342 U.S. 485 (1952)

ADLER ET AL. v. BOARD OF EDUCATION OF THE CITY OF NEW YORK.

Supreme Court of United States.

Decided March 3, 1952.

Attorney(s) appearing for the Case

Osmond K. Fraenkel argued the cause for appellants. With him on the brief was Arthur Garfield Hays.

Michael A. Castaldi argued the cause for appellee. With him on the brief were Denis M. Hurley, Seymour B. Quel, Daniel T. Scannell and Bernard Friedlander.

By special leave of Court, Wendell P. Brown, Solicitor General, argued the cause for the State of New York, as amicus curiae, urging affirmance. With him on the brief were Nathaniel L. Goldstein, Attorney General, and Ruth Kessler Toch, Assistant Attorney General.

Dorothy Kenyon, Raymond L. Wise and Herbert Monte Levy filed a brief for the American Civil Liberties Union, as amicus curiae, supporting appellants.

MR. JUSTICE MINTON delivered the opinion of the Court.

Appellants brought a declaratory judgment action in the Supreme Court of New York, Kings County, praying that § 12-a of the Civil Service Law,1 as implemented by the so-called Feinberg Law,2 be declared unconstitutional, and that action by the Board of Education of the City of New York thereunder be enjoined...

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