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LEVITT v. COMMITTEE FOR PUBLIC EDUCATION

No. 72-269.

413 U.S. 472 (1973)

LEVITT, COMPTROLLER OF NEW YORK, ET AL. v. COMMITTEE FOR PUBLIC EDUCATION & RELIGIOUS LIBERTY ET AL.

Supreme Court of the United States.

Decided June 25, 1973

Attorney(s) appearing for the Case

Jean M. Coon, Assistant Solicitor General of New York, argued the cause for appellants in Nos. 72-269 and 72-270. With her on the brief for appellants in No. 72-269 were Louis J. Lefkowitz, Attorney General, and Ruth Kessler Toch, Solicitor General. John F. Haggerty and Louis P. Contiguglia were on the briefs for appellant in No. 72-270. Porter R. Chandler argued the cause for appellants in No. 72-271. With him on the briefs was Richard E. Nolan. Nathan Lewin and Julius Berman were on the brief for appellants Bais Yaakov Academy for Girls et al. in No. 72-271.

Leo Pfeffer argued the cause and filed a brief for appellees.†

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We are asked to decide whether Chapter 138 of New York State's Laws of 1970, under which the State reimburses private schools throughout the State for certain costs of testing and recordkeeping, violates the Establishment Clause of the First Amendment. A three-judge District Court, with one judge dissenting, held the Act unconstitutional. 342 F...

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