Johnson v. New York State Education Dept./Opinion of the Court

[p75] PER CURIAM.

We granted certiorari to review the judgment of the United States Court of Appeals for the Second circuit, 449 F.2d 871 (1971), affirming the District COurt's dismissal of petitioner's complaint challenging the constitutionality of New York Education Law § 701 et seq. (1971). 405 U.S. 916 (1972). However, respondents' brief states that "[o]n May 3, 1972, the qualified voters of the respondent school district elected by majority vote to assess a tax for the purchase of all textbooks [p76] for grades one through six in the schools of the district." In light of this fact, and given the suggestion at oral argument that the books themselves have a life expectancy of five years, the judgment is vacated and the case is remanded to the United States District Court for the Eastern District of New York to determine whether this case has become moot.