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Majority Opinion
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Burger, C.J. |
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Concurring Opinion
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O’Connor, J. |
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Dissenting Opinion
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Brennan, J. (joined by Marshall, Blackmun, and Stevens, JJ.), & Blackmun (joined by Stevens, J.) |
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Certiorari Granted
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05/04/2006 |
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Lower Court
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1st Circuit |
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Lower Court Ruling
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Establishment clause claim denied. |
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Oral Arguments
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audio record
[Oyez]
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| Lawyers |
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| Briefs |
American Jewish Committee, Anti-Defamation League of B’Nai B’rith (for Respondents)
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Solicitor General Lee, Coalition for Religious Liberty, Legal Foundation of America, Washington Legal Foundation (for Petitioners)
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| Opinion - Lower Court |
Donnelly v. Lynch, 691 F.2d 1029, (C.A.R.I., 1982)
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| News |
"The Creche Case," The Washington Post, Mar. 7, 1984, sect. A, pg. 22
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"The Man Who Took Christmas To the Court," The Washington Post, Dec. 25, 1983, sect. B, pg. 1
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"U.S. Official Urges Justices to Permit a Nativity Display," New York Times, Oct. 5, 1983, sect. B, pg. 7
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Barbash, Fred, "City-Funded Creche Is Permitted; High Court Eases Church-State Separation Stance, City-Funded Creche Is Allowed," The Washington Post, Mar. 6, 1984, sect. A, pg. 1
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Barbash, Fred, "Justices Accept Case on Government-Sponsored Nativity Scenes," The Washington Post, Apr. 19, 1983, sect. A, pg. 8
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Greenhouse, Linda, "Court Restudies Issue of Government-Sponsored Christmas Displays," New York Times, Feb. 23, 1989, sect. B, pg. 7
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Greenhouse, Linda, "Justices Divide 5-4; Burger Decision Upholds Administration View in Rhode Island Case, Court Says Cities May Put Up Nativity Scene," New York Times, Mar. 6, 1984, sect. A, pg. 1
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Hentoff, Nat, "From Creches to Christmas Trees to a Menorah in Iowa; Sweet Land of Liberty," The Washington Post, Sep. 24, 1988, sect. A, pg. 23
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Kilpatrick, James J., "A U.S. Creche? No," The Washington Post, Nov. 30, 1984, sect. A, pg. 19
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Kilpatrick, James J., "Government, Nativity Scenes Don’t Mix," Los Angeles Times, Nov. 30, 1984, sect. D, pg. 17
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Mann, Jim, "Court Upholds Nativity Displays, Rules 5 to 4 That the Scenes Do Not Violate Separation of Church and State," Los Angeles Times, Mar. 6, 1984, sect. B, pg. 2
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Mann, Jim, "Permit Cities to Display Nativity Scenes, Solicitor General Urges Supreme Court," Los Angeles Times, Oct. 5, 1983, sect. B, pg. 16
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Uva, Kenneth J., "Review 4-No Title," New York Times, Sep. 23, 1990, sect. BR, pg. 49
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES& POLICIES (2nd ed., 2002), sects. 12.2.1, 12.2.5.2
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Dorsen, Norman & Sims, Charles, "The Nativity Scene Case; An Error in Judgment," 1985 University of Illinois Law Review 837
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Epstein, Stephen B., "Rethinking the Constitutionality of Ceremonial Deism," 96 Columbia Law Review 2083 (1996)
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Sullivan, Winnifred Fallers, PAYING THE WORDS EXTRA: RELIGIOUS DISCOURSE IN THE SUPREME COURT OF THE UNITED STATES (1994)
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Van Alstyne, William, "Trends in the Supreme Court: Mr. Jefferson’s Crumbling Wall " A Comment on Lynch v. Donnelly," 1984 Duke L.J. 770
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Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 236-238
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| Commentary |
McGough, Michael, Menorah Wars," The New Republic (Feb. 5, 1990), p. 12
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