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Flast v. Cohen

United States Supreme Court

392 U.S. 83 (1968)

Relevant factsFree

Flast and six other federal taxpayers (plaintiffs) sued Cohen and other federal officials (defendants) to enjoin spending under the Elementary and Secondary Education Act of 1965, alleging the funding of instruction and materials in religious schools violated the Free Exercise and Establishment Clauses. The taxpayers sued based solely on their status as federal taxpayers; the lower court held they lacked standing, and the Supreme Court granted certiorari.

IssueFree

Whether federal taxpayers have standing to challenge a congressional expenditure as violating the Free Exercise and Establishment Clauses solely because of their status as taxpayers.

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