doremus board education argued january decided march statute new jersey provides reading without comment five verses old testament opening day declaratory judgment action instituted two appellants state held statute violate federal constitution appellants appealed one appellants sued parent child sued taxpayer held appeal dismissed want jurisdiction pp cause moot far relates rights child question since graduated public schools appeal taken pp facts stated appellants taxpayers sufficient constitute justifiable case controversy within jurisdiction show direct particular financial interest necessary maintain taxpayer case controversy pp declaratory judgment action instituted appellants new jersey test constitutionality statute state state held statute violate federal constitution appeal dismissed heyman zimel argued cause filed brief appellants theodore parsons attorney general henry schenk deputy attorney general argued cause appellees filed brief state new jersey schenk also filed brief board education borough hawthorne appellee briefs amici curiae supporting appellants filed leo pfeffer maslow shad polier american jewish congress kenneth greenawalt martin schenck arthur garfield hays morris ernst herbert monte levy american civil liberties union briefs amici curiae supporting appellees filed robert woodside attorney general harry stambaugh commonwealth pennsylvania denis hurley michael castaldi seymour quel daniel scannell arthur kahn city new york behalf board education city new york albert mccay state council junior order american mechanics new jersey justice jackson delivered opinion action declaratory judgment question federal constitutional law prosecuted state courts new jersey sought declare invalid statute state provides reading without comment five verses old testament opening day rev issue raised state constitution act claimed violate clause first amendment federal constitution prohibiting establishment religion trial held findings fact trial denied relief merits basis pleadings pretrial conference record contains meager notes new jersey appeal rendered opinion act violate federal constitution spite jurisdictional doubts pointed condoned follows one us asserting religious practices interfered right worship accordance dictates conscience suppressed religious sect party cause representative spokesman religious body attacked statute one plaintiffs citizen taxpayer interest asserts words set forth complaint followed specification proof conceded citizen taxpayer charged neither conceded proved brief interruption day schooling caused compliance statute adds cost school expenses varies incomputable scintilla economy day work plaintiff addition citizen taxpayer daughter aged seventeen student school facts asserted case violated rights urged charged practice required statute conflicts convictions either mother daughter apparently sole purpose function plaintiffs shall assume role actors may suit invoke ruling upon constitutionality statute respondents urge circumstances question moot declaratory judgment statute may properly used justification proceeding cf new jersey turnpike authority parsons massachusetts mellon sup ed point substance nevertheless concluded dispose appeal merits view facts taken though entitled respect bind us may make independent examination record find nothing substantial support jurisdiction appellants apparently seeking bring within illinois ex rel mccollum board education assert challenge act two capacities one parent child subject taxpayers burdened requirements support relationship complaint alleged appellant klein parent pupil hawthorne high school bible reading practiced pursuant act assertion injured even offended thereby compelled accept approve confess agreement dogma creed even listen scriptures read contrary pretrial stipulation student parents request excused bible reading case excuse asked however agreed upon argument child graduated public schools appeal taken obviously decision render protect rights may sit decide arguments events put rest alaska steamship complaint similarly niggardly facts support taxpayer grievance doremus alleged citizen taxpayer state new jersey township rutherford relation township litigation disclosed one familiar local geography klein set citizen taxpayer borough hawthorne state new jersey alleged hawthorne high school supported public funds school bible read according statute allegation activity supported separate tax paid particular appropriation adds sum whatever cost conducting school information given kind taxes paid appellants averment bible reading increases tax pay taxpayers possibly pocket state raised defense appellants showed standing maintain action pretrial conference perhaps premonitions success waived acquiesced determination federal constitutional question whether facts amount justiciable case controversy decisive jurisdiction held interests taxpayer moneys federal treasury indeterminable remote uncertain indirect furnish basis appeal preventive powers manner expenditure alabama power ickes massachusetts mellon et seq latter case recognized however interest taxpayer municipality application moneys direct immediate remedy injunction prevent misuse inappropriate indeed number provide statute decisional law causes entertained federal courts crampton zabriskie see massachusetts mellon supra without disparaging availability remedy taxpayer action restrain unconstitutional acts result direct pecuniary injury reiterate said federal statute equally true state act assailed party invokes power must able show statute invalid sustained immediately danger sustaining direct injury result enforcement merely suffers indefinite way common people generally massachusetts mellon supra true found justifiable controversy everson board education everson showed measurable appropriation disbursement funds occasioned solely activities complained complaint undertake say state may render opinion federal constitutional question even circumstances regarded advisory jurisdiction cast terms case controversy accept basis review basis conclusive disposition issue federal law without review procedure constitute taxpayer action meet test pocketbook action apparent grievance sought litigate direct injury religious difference appellants established requisite special injury necessary taxpayer case controversy matter dominant inducement action religious mercenary question motivation possession requisite financial interest threatened injured unconstitutional conduct find direct particular financial interest act may give rise legal case controversy behalf appellants obtain decision feigned issue taxation motion dismiss appeal granted justice douglas justice reed justice burton concur dissenting think case deserves decision merits group interested operation management public schools taxpayers support parents whose children attend certainly suit taxpayers enjoin practice authorized school board suit vital parties interest able show two present taxpayers done reading bible adds taxes pay right contentions merits establish public schools deflected educational program taxes raised seems adequate interest maintenance suit taxpayers apparent reason less may interest present case issues feigned suit collusive mismanagement school system alleged clear plain suit enjoin federal law maintained reason massachusetts mellon new jersey fashion rules governing institution suits courts wants give taxpayers status sue analogy right shareholders enjoin ultra vires acts corporation see nothing constitution prevent clash interests real strong odd indeed hold case controversy within meaning art iii constitution