The Law: Upholding Aid to Students

The lower court judges who eventually try the case of Flast et al. are sure to do their homework on another Supreme Court decision handed down last week. That case involved the question of whether New York, or any other state, can require its public school boards to lend textbooks to students in all private schools—including religious schools. Members of the board of education for both Rensselaer and Columbia counties argued that such programs violate the First Amendment ban on "establishment of religion." Last week the court upheld the state. New York's law, it said, was an aid to children, not...

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