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Everson v. Board of Education (docket #: 52) (1947)  [Findlaw]

Secondary Link Everson v. Board of Education  [Legal Information Institute]
Argument Date 11/20/1946
Decided 02/10/1947
Supreme Court Vote 5-4
Note 1st Amend. Non-Establishment clause applied to states
Supreme Court Ruling Due Process Clause claim denied; Establishment Clause claim denied
 
IssueWhether a board of education resolution authorizing the reimbursement of parents for fares paid for the transportation by public carrier of children attending public and Catholic schools violates the First and Fourteenth Amendments of the U.S. Constitution.
Majority Opinion Black, J.
Dissenting Opinion Jackson, J. (joined by Frankfurter, J.), & Rutledge, J. (joined by Frankfurter, J., Jackson, J. & Burton, J.)
Lower Court District Court for the District of Columbia (3-judge court)
Lawyers
For Petitioner
Edward R. Burke and E. Hilton Jackson

For Respondent
William H. Speer

Opinion - Lower Court
Everson v. Bd. Of Ewing Tp., 44 A.2d 333 (N.J. Err. & App, 1945)
News
"Begin Case on Catholics’ Use of Public Funds," Chicago Daily Tribune, Nov. 21, 1946, pg. 25
"Opposed to Funds in Parochial Aid; Looking on the Outside But Seeing Only on the Inside," New York Times, Nov. 21, 1946, pg. 32
"Parochial School Tax Aid Backed by Court," Los Angeles Times, Feb. 11, 1947, p. 1
Edwards, William, "Highest Court Backs Tax Aid to Catholics; Splits in School Case Ruling, 5-4," Chicago Daily Tribune, Feb. 11, 1947, p. 1
Stokes, Dillard, "Religious, Political Issues Split High Court; Public Fund Aid to N.J. Parochial Schools and Hatch Act Are Upheld," The Washington Post, Feb. 11, 1947, p. 1
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.6.2
Choper, Jesse, "The Religion Clauses of the First Amendment: Reconciling the Conflict," 41 University of Pittsburgh Law Review 673 (1980)
Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.4
Oaks, Dallin H., ed., THE WALL BETWEEN CHURCH AND STATE (1963)
Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 203-238
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14.2, 14.6
Wiecek, William M., THE BIRTH OF THE MODERN CONSTITUTION: THE UNITED STATES SUPREME COURT, 1941-1953 (Holmes Devise, vol. XII, 2006), pp. 261-280
Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 114-115, 156, 164-165, 170, 182-183, 233-234
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