Adler et al. v. Board of Education of the City of New York (342 U.S. 485)
U.S. Supreme Court · decided March 3, 1952 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 485 · 72 S. Ct. 380
- Decided
- March 3, 1952
- Term
- October Term 1951
- Vote
- 6–3
- Majority author
- Justice Minton
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Me. Justice Minton delivered the opinion of the Court. Appellants brought a declaratory judgment action in the Supreme Court of New York, Kings County, praying that § 12-a of the Civil Service Law, as implemented by the so-called Feinberg Law, be declared unconstitutional, and that action by the Board of Education of the City of New York thereunder be enjoined. On motion for judgment on the pleadings, the court held that subdivision (c) of § 12-a, the Feinberg Law, and the Rules of the State Board of Regents promulgated thereunder violated the Due Process Clause'of the Fourteenth Amendment, and issued an injunction. 196 Misc. 873, 95 N. Y. S. 2d 114. The Appellate Division of the Supreme Court reversed, 276 App. Div. 527, 96 N. Y. S. 2d 466, and the Court of Appeals affirmed the judgment of the Appellate Division, 301 N. Y. 476, 95 N. E. 2d 806. The appellants come here by appeal under 28 U. S. C. § 1257. Section 12-a of the Civil Service Law, hereafter referred to as § 12-a, is set forth in the margin. To implement this law, the Feinberg Law was passed, adding a new section, § 3022, to the Education Law of the State of New York, which section so far as here pertinent is set forth in the margin. The Feinberg Law was also to implement § 3021 of the Education Law of New York. The constitutionality of this section was not attacked in the proceedings below. The preamble of the…
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