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LAMONT v. WOODS

No. 1145, Docket 90-6311.

948 F.2d 825 (1991)

Corliss LAMONT; Isaac Asimov; Balfour Brickner, Rabbi; Augusta P. Finkelstein; Florence Flast; Bruce Southworth, Reverend; Nina Untermyer; Americans for Religious Liberty, Inc., Plaintiffs-Appellees, v. Alan WOODS, as Director of the Agency for International Development, Department of State; David Santos, Director of the Office of American Schools and Hospitals Abroad, Department of State, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 26, 1991.

Attorney(s) appearing for the Case

Bernard W. Bell, New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Edward T. Ferguson, III, of counsel), for defendants-appellants.

Herman Schwartz, Washington, D.C. (C. Edwin Baker, John A. Powell, American Civil Liberties Union Foundation, New York City, of counsel), for plaintiffs-appellees.

Before OAKES, Chief Judge, CARDAMONE and WALKER, Circuit Judges.

OAKES, Chief Judge:

Aristotle once observed that to give money away is an easy matter and in any man's power, but to decide to whom to give it, for what purpose and how, is neither in every man's power nor an easy matter.1 The observation remains true to this day, as this case illustrates.

This is a federal taxpayers' Establishment Clause challenge to the appropriation and expenditure of public funds by the United States for the...

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