Constitutional Law Keyed to Feldman
Agostini v. Felton
In Aguilar v. Felton, the Supreme Court of the United States held that the Establishment Clause of the First Amendment to the Constitution barred the city of New York from sending public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to a congressionally mandated program. On remand, the District Court entered a permanent injunction reflecting this Court’s ruling. Twelve years later, the Petitioner, the Board of Education of the City of New York and thus, the parties bound by that injunction, seek relief from its operation. The Petitioner claims that Aguilar cannot be squared with the Supreme Court’s intervening Establishment Clause jurisprudence and ask that this Court explicitly recognize what the Supreme Court’s more recent cases already dictate: that Aguilar is no longer good law and that Petitioners are entitled under Federal Rule of Civil Procedure (FRCP) 60(b)(5) to relief from the operation of the District Court’s prospective injunction.
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