United States Supreme Court Cases & Opinions

U.S. Supreme Court

Doremus v. Board of Education, 342 U.S. 429 (1952)

Doremus v. Board of Education of Borough of Hawthorne

No. 9

Argued January 31, 1952

Decided March 3, 1952

342 U.S. 429

Syllabus

A statute of New Jersey provides for the reading, without comment, of five verses of the Old Testament at the opening of each public school day. In a declaratory judgment action instituted by the two appellants, the State Supreme Court held that the statute did not violate the Federal Constitution. Appellants appealed to this Court. One of the appellants had sued as the parent of a public school child, and each had sued as a taxpayer.

Held: the appeal is dismissed for want of jurisdiction. Pp. 342 U. S. 430-435.

1. The cause is moot so far as it relates to the rights of the child in question, since she graduated from the public schools before the appeal was taken to this Court. Pp. 342 U. S. 432-433.

2. The facts stated by appellants as taxpayers were not sufficient to constitute a justiciable case or controversy within the jurisdiction of this Court, because they do not show such direct and particular financial interest as is necessary to maintain a taxpayer's case or controversy. Pp. 342 U. S. 433-435.

5 N.J. 435, 75 A.2d 880, appeal dismissed.

In a declaratory judgment action instituted by appellants in a New Jersey court to test the constitutionality of a statute of that State, the State Supreme Court held that the statute did not violate the Federal Constitution. 5 N.J. 435, 75 A.2d 880. An appeal to this Court is dismissed, p. 342 U. S. 435.

Page 342 U. S. 430