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Opinion of the Court
Baine and Emmet T. Flood filed a brief for petitioners in No. 96-552.
Stanley Geller argued the cause and filed a brief for respondents Felton et al.†
Justice O’Connor delivered the opinion of the Court. In Aguilar v. Felton, 473 U. S. 402 (1985), this Court held that the Establishment Clause of the First Amendment 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 for the Eastern District of New York entered a permanent injunction reflecting our ruling. Twelve years later, petitioners— the parties bound by that injunction—seek relief from its operation. Petitioners maintain that Aguilar cannot be
†Briefs of amici curiae urging reversal were filed for the Becket Fund for Religious Liberty by Kevin J. Hasson; for the Christian Legal Society et al. by Michael W. McConnell, Thomas C. Berg, Steven T. McFarland, Kimberlee Wood Colby, and Samuel B. Casey; for the Knights of Columbus by James W. Shannon, Jr.; for the National Jewish Commission on Law and Public Affairs by Nathan Lewin and Dennis Rapps; for Senator Robert F. Bennett by Ronald D. Maines; and for Sarah Peter et al. by Michael Joseph Woodruff and Scott J. Ward.
Briefs of amici curiae urging affirmance were filed for the American Jewish Congress et al. by Norman Redlich, Marc D. Stern, Marvin E. Frankel, David J. Strom, Richard T. Foltin, J. Brent Walker, Melissa Rogers, Robert Chanin, John West, Elliot M. Mincberg, and Judith E. Schaeffer; and for Americans United for Separation of Church and State et al. by Steven K. Green, Julie A. Segal, Steven R. Shapiro, and Arthur N. Eisenberg.
Briefs of amici curiae were filed for the Council on Religious Freedom
et al. by Lee Boothby, Walter E. Carson, and Robert W. Nixon; for the Institute for Justice et al. by Mark Snyderman, William H. Mellor III, and Clint Bolick; for the New York County Lawyers Association Committee on Supreme Court of the United States by H. Elliot Wales; for the Pacific Legal Foundation by Sharon L. Browne; and for the United States Catholic Conference by Mark E. Chopko, John A. Liekweg, and Jeffrey Hunter Moon.
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