Reading Room Document

Judicial review of constitutional problems raised by the federal aid to education

In this memo, the OLC addressed the possibility of judicial review of federal loans to sectarian institutions, noting that the Supreme Court's rejection of taxpayer standing in Massachusetts v. Mallon made the prospect of review unlikely. The OLC noted that Congress could create a legislative scheme that created a special interest for some people, who could then challenge the law. This OLC opinion predated Flast v. Cohen.

March 28, 1961