From the daily archives:

Wednesday, June 30, 2010

Jun
30

Congress has passed the “Comprehensive Aid to Education Act.” One of its provisions allocated money for religious schools to teach the history of the United States. The validity of that portion of the act was challenged in the District Court of the District of Columbia. The District Court upheld the constitutionality of the statute and the Circuit Court of Appeals for the D.C. Circuit affirmed. A second challenge was brought in the Federal District Court for the Southern District of New York. The court determined that the provision in question violated the Establishment Clause of the First Amendment.

What is the most appropriate method of review of the decision of the District Court of the Southern District of New York?

A. Seek review by way of certiorari directly to the United States Supreme Court because of a conflict between the circuit courts.

B. Seek review by way of certiorari directly to the United States Supreme Court because an act of Congress has been declared unconstitutional.

C. Seek review by way of appeal to the United States Supreme Court because a district court has declared an act of Congress unconstitutional.

D. Seek review by way of appeal to the Second Circuit Court of Appeals.

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