In a 2:1 decision, the US Court of Appeals 2nd Circuit ruled that the student plaintiffs must be dismissed from the lawsuit, and that only taxpayer plaintiffs can sue the school board. The Court decided the injuries to students were not “direct” enough to fit within the Establishment Clause of the Constitution. The dissent, written by Chief Judge Reiss of the Vermont District Court, argued persuasively to the contrary. Next steps will include A4J consulting with constitutional scholars and supreme court litigators for their experienced and informed advice on next steps in the lawsuit. Our Plaintiffs are meeting soon to decide on a plan of action going forward. Where our children are concerned we must be steadfast and faithful to their NYS constitutional right to receive a sound basic education, and we must protect that right in every way possible.
Read the court decision and dissent here: