Flast v. Cohen

1968

Venue: SCOTUS

Facts: Some taxpayers challenge aid to religious schools under the Elementary and Secondary Education Act of 1965.

Posture: Dismessed by the lower court, citing Frothingham

Issue: When standing is an issue in a case, can the person whose standing is challenged request adjudication of an issue, and whether the issue itself is justiciable?

Holding: Yes, there is no absolute bar to such a suit.

Rule: The taxpayer needs to establish a logical link between that status and the legislative enactment being attacked, and a nexus between that status and the constitutional infringement alleged. The taxpayer must show that the challeneged enactment exceeds specific constitutional limitations upon the exercise of the congressional taxing and spending power.

Reasoning: In Frothingham there was no specific limitation that was alleged to have been exceeded. Here, there's a 1A issue, and the Establishment Clause (Art I § 8) doesn't empower congress to override constitutional provisions.

Dicta: