ABSTRACT

The factor that frequently keeps problems of church and state from judicial scrutiny is the absence of a party with recognized standing to bring the issues before the federal courts. One way to secure a federal judicial forum, as evidence by Cochran, is for the Court to ignore the problem of the presence of a plaintiff with standing to maintain the action. The Court thereupon affirmed the decision of the lower court dismissing the complaint for failure to set forth a cause of action. When the Bible-reading controversy was again brought to the Supreme Court, the Court was able to return the case to the three-judge federal court without passing on the question because Pennsylvania had amended its statute in the interim. Thus, both the Bible-reading question and the standing question still remain open for future resolution.