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Van Orden v. Perry (docket #: 03-1500) (2005)  [Findlaw]

Secondary Link Van Orden v. Perry  [Legal Information Institute]
Argument Date 03/02/2005
Decided 6/27/05
Supreme Court Vote 4-1-4
Note Re the transcript: The questioner identified on p. 8, line 21, as "UNKNOWN SPEAKER" is Justice Scalia. His comments there are a continuation of remarks that begin on line 13 of that page. [source: SCOTUSblog]
Supreme Court Ruling Establishment Clause claim denied
 
IssueWhether a 6 feet high and 3 feet wide monument inscribed with the Ten Commandments and located on government property since 1961 constitutes an unlawful establishment of religion under the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion Rehnquist, C.J. (plurality, joined by Scalia, J., Kennedy, J. & Thomas, J.)
Concurring Opinion Breyer, J., (concurringin judgment), & Scalia, J., & Thomas, J.
Dissenting Opinion Stevens, J. (joined by Ginsburg, J.), & O'Connor, & Souter, J. (joined by Stevens, J. & Ginsburg, J.)
Certiorari Granted 10/12/2004
Lower Court 5th Circuit
Lower Court Ruling Establishment Clause claim denied
Oral Arguments --transcript [source: SCOTUS]
transcript (see Note) [source: US S Ct website]
Oyez audio file  [Oyez]
Lawyers
For Petitioner
Erwin Chemerinsky (Duke Law School)

For Respondent
R. Ted Cruz, Texas Solicitor General

Briefs
For Amicus
Rutherford Institute (in support of Respondent)

News Stories & Commentary
Bill Broadway, "A New Judgment Day For Decalogue Displays," Wash. Post, 10/23/04 (with photo of monument)

David G. Savage, "High Court Tackles Religion ," Los Angeles Times, Oct. 13, 2004

Marci A. Hamilton, "Two Important Establishment Clause Issues The Supreme Court Will Decide This Term" (Findlaw, 10-21-04)

Rod Smolla, "Why the commandments make for such messy law" (10-15-04)

Tony Mauro Analysis
"Context is key to sorting out Commandments rulings" (6/28/05)

"Justices' choices surprise some court-watchers" (10/13/04)

Opinion - Lower Court
Van Orden v. Perry (5th Cir., 2003)

News
AP, "6th Circuit upholds Ky. Ten Commandments display" (12-20-05)

AP, "Justices to scrutinize commandments displays" (10/12/04)

AP, "Michigan lawmaker proposes allowing commandments displays" (03-04-05)

AP, "Supreme Court splits on 2 Ten Commandments cases" (6/27/05)

AP, "Suspense builds for Decalogue dialogue" (2-22-05)

AP, "Wisconsin group ends fight over commandments display" (03-04-05)

AP, Justices hear Ten Commandments disputes" (03-02-05)

Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 1196, 1225
Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 435-445
JCD for Medill news Service (analysis & description)

Kelsey Kirpatrick, Medill News Service, "Public Displays of Religion" (Dec., 2004) )

Munoz, Vincent Phillip, "Thou Shalt Not Post the Ten Commandments? McCreary, Van Orden, and the Future of Religious Display Cases," 10 Texas Review of Law and Politics 2 (2006), p. 357
Robert Kantor, Medill News Service, "Thou Shall Not Post or Post the Ten Commandments" (Dec., 2004) )

Susanna Dokupil, "Monumental Inconsistency," American Enterprise Institute Online

Commentary
Haynes, Charles, "High court on Ten Commandments: messy but wise decisions" (7-10-05)

Haynes, Charles, "Ten Commandments, nine justices, zero winners" (03-06-05)

Books
Irons, Peter, "The Ten Commandments Cases from Kentucky and Texas," GOD ON TRIAL (2007), pp. 182-233
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