Karcher v. May

Alan J. Karcher and Carmen A. Orechio, the former presiding officers of the New Jersey Legislature, seek to appeal a judgment declaring a New Jersey statute unconstitutional. Their appeal presents the question whether public officials who have participated in a lawsuit solely in their official capacities may appeal an adverse judgment after they have left office. We hold that they may not.

I

In December 1982 the New Jersey Legislature enacted, over the Governor’s veto, a statute requiring the State’s primary and secondary public school educators to permit their students to observe a minute of…