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Supreme Court — Part 12

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 112 pages OCR'd
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~analienable" and by such phrases as “self evident truths" and “en- dowed by their Creator" as well as "the right to life, liberty, and the pursuit of happiness". Another very recent éxample of secularistic thinking and jack of appreciation of the importance of religion in our lives and in our schools, is the case of Doremus v. Board of Education, 342 U.S. 429. In this case, a state statute providing for the reading ef Bible verses at the opening of each public school day was attacke ut Violating the First Amendment, in an action brought in the state sourts vy 4A taxpayer and by a parent of a pupil, who, however, had graduaicc before an appcr.t was taken to the Supreme Court from the judgment of the highes: state court upholding the statute as valid, Without reeching the merite of the controversy, six mem- bers of the Supreme Court, in an opinion by Justice Jackson, held that neither the parent nor the taxpayor had a etanding to raise the Constitutional question before the Supreme Court, or, as expressed i) the opinion, that in view of the lack of such standing, no "case ‘or controversy" was presented upon which the court could act. Justice Douglas, with the concurrence of Justices Reed and Burton, dissented, saying that the case dekerved a decision on the merits, fn this case, the State of New Jersey waived its defense that the plaintart had no standing, and acquiesced in an effort to determine the broad constitutional question involved. But the majority opinion held that the case could be heard on its merits only when it presents a "case or controversy" showing it is “a good faith pocketbook" action seeking to litigate a direct and particular finan- clal injury. The court refused to heed the argument that since the case “is substantial and of great public concern” and that the court should take jurisdiction and decide the cage on the merits, deepite the technical objecticn that the status of one of the plaintiffs had ¢hanged during the course of the litigation. e lene American Jewish Congress, and the American Civil Liberties Union - Sere was an opportunity for the court, despite the question to be decided was "moot", | 2 on the merits, since the statute to be construed was most substantia: and in the words of the dissenting Justices Jackszon, Reed and Burton,
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