Appeals Court Strikes Down
Public/Private Lending Law
The 5th U.S. Circuit Court of Appeals in New Orleans August 18 struck down a 1965 U.S. law under which public schools could lend library books and computers to religious schools. Three Jefferson Parish residents challenged the law 13 years ago—along with laws allowing local school districts to pay special education teachers and bus drivers at church-run schools, both of which were upheld in the court's 70-page opinion.
Justice Department spokesperson Chris Watney said in an August 19 Associated Press report that the decision has no real effect outside of Louisiana, Texas, and Mississippi (the three states covered by the 5th Circuit), but Lee Boothby, who represented the three residents who filed the suit, said the law was "used in every state for all kinds of materials and equipment" and opined that the case is sure to wind up before the U.S. Supreme Court.
Posted August 24, 1998.
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