FLAST ET AL.
v.
COHEN, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 12, 1968.
Decided June 10, 1968.
Attorney(s) appearing for the Case
Leo Pfeffer argued the cause for appellants. With him on the briefs were David I. Ashe, Ernest Fleischman, and Alan H. Levine.
Solicitor General Griswold argued the cause for appellees. With him on the brief were Assistant Attorney General Weisl, Alan S. Rosenthal, and Robert V. Zener.
Sam J. Ervin, Jr., argued the cause and filed a brief for Americans for Public Schools et al., as amici curiae, urging reversal.
Briefs of amici curiae, urging reversal, were filed by Melvin J. Sykes and Sanford Jay Rosen for the Council of Chief State School Officers et al.; by Henry C. Clausen for United Americans for Public Schools; by Norman Dorsen and Charles H. Tuttle for the National Council of Churches; by Franklin C. Salisbury for Protestants and Other Americans United for Separation of Church and State, and by Arnold Forster, Edwin J. Lukas, Joseph B. Robison, Paul Hartman, and Sol Rabkin for the American Jewish Committee et al.
Briefs of amici curiae, urging affirmance, were filed by J. Albert Woll, Laurence Gold, and Thomas E. Harris for the American Federation of Labor and Congress of Industrial Organizations; by Julius Berman and Reuben E. Gross for the National Jewish Commission on Law and Public Affairs, and by Herbert Brownell, Thomas F. Daly, and William E. McCurdy, Jr., for Spira et al.
Supreme Court of United States.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
In Frothingham v. Mellon,262 U.S. 447 (1923), this Court ruled that a federal taxpayer is without standing to challenge the constitutionality of a federal statute. That ruling has stood for 45 years as an impenetrable barrier to suits against Acts of Congress brought by individuals who can assert only the interest of...
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