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Flast v. Cohen

392 U.S. 83 · Decided June 10, 1968 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Flast v. Cohen was decided on June 10, 1968 by a vote of 8–1. The Court reversed the lower court's decision. Chief Justice Earl Warren wrote the opinion of the Court. SCDB classifies its main issue as “Standing, taxpayer suits” in the Judicial Power area.

Read the opinion

Case details

Citations
392 U.S. 83 · 88 S. Ct. 1942 · 20 L. Ed. 2d 947 · 1968 U.S. LEXIS 1347
Docket number
416
Decided
June 10, 1968
Argued
March 12, 1968
Court era
Warren Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
8–1
Majority opinion
Earl Warren
Opinion assigned by
Earl Warren
How the case arrived
Appeal
Issue area
Judicial Power
Legal provision
Article III, Section 2, Paragraph 1 (case or controversy requirement)
Type of law
Constitution
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice Hugo L. BlackMajority
Justice William O. DouglasConcurrenceWrote an opinion
Chief Justice Earl WarrenMajorityWrote an opinion
Justice John M. Harlan IIDissentWrote an opinion
Justice William J. Brennan Jr.Majority
Justice Potter StewartConcurrenceWrote an opinion
Justice Byron R. WhiteMajority
Justice Abe FortasConcurrenceWrote an opinion
Justice Thurgood MarshallMajority

Full case caption

Flast et al. v. Cohen, Secretary of Health, Education, and Welfare, et al.

SCDB identifiers: case 1967-159, docket 1967-159-01.

Other cases on “Standing, taxpayer suits”

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Cases on the same legal provision: Article III, Section 2, Paragraph 1 (case or controversy requirement)

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error