Johnson v. New York State Education Department

We granted certiorari to review the judgment of the United States Court of Appeals for the Second Circuit, 449 F. 2d 871 (1971), affirming the District Court’s dismissal of petitioners’ complaint challenging the constitutionality of New York Education Law § 701 et seq. (1971). 405 U. S. 916 (1972). However, respondents’ brief states that “[o]n May 3, 1972, the qualified voters of the respondent school district elected by majority vote to assess a tax for the purchase of all textbooks *76for grades one through six in the schools of the district.” In light of this fact, and given the suggestion at…