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Supreme Court — Part 12
Page 63
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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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