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School District of Grand Rapids v. Ball (docket #: 83-990) (1985)  [Findlaw]

Secondary Link School District of Grand Rapids v. Ball  [Legal Information Institute]
Argument Date 12/05/1984
Decided 7/1/1985
Supreme Court Vote 5-2-2
Supreme Court Ruling Establishment Clause claim affirmed
 
IssueWhether two school programs providing supplemental classes to parochial schools at public expense and located in nonpublic school classrooms have the "primary or principal" effect of advancing religion, and therefore violate the dictates of the Establishment Clause
 
Rosenberger v. Rector & Visitors of the University of Virginia (docket #: 94-329) (1995)  [Findlaw]

Secondary Link Rosenberger v. Rector & Visitors of the University of Virginia  [Legal Information Institute]
Argument Date 03/01/1995
Decided 05/29/1995
Supreme Court Vote 5-4
Note Michael McConnell who argued the case for the Petitioner later became a federal judge on the US Court of Appeals for the Fourth Circuit.
Supreme Court Ruling First Amendment free-speech claim sustained
 
IssueWhether a public university that pays printing costs for a number of student publications can deny that benefit to a student-run religious publication.
 
Case Summary & Additional Resources
Majority Opinion Kennedy, J.
Concurring Opinion O'Connor, J., & Thomas, J.
Dissenting Opinion Souter, J. (joined by Stevens, J., Breyer, J., & Ginsburg, J.)
Lower Court 4th Circuit
Lower Court Ruling First Amendment free-speech claim denied
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Michael W. McConnell

For Respondent
John C. Jeffries, Jr.

Briefs
For Amicus
for Americans United for Separation of Church and State et al. by Steven K. Green, Samuel Rabinove, Jeffrey P. Sinensky & Steven M. Freeman (supporting Petitioner)

for the Baptist Joint Committee on Public Affairs et al. by J. Brent Walker, Oliver S. Thomas, Elliot M. Mincberg, Melissa Rogers, David Saperstein & Lois C. Waldman (supporting Petitioner)

for the Catholic League for Religious and Civil Rights by Edward M. Gaffney, Jr. (supporting Respondent)

for the Christian Legal Society et al. by Douglas Laycock, Steven T. McFarland & Samuel B. Casey (supporting Respondent)

for the Commonwealth of Virginia by James S. Gilmore III, Attorney General, David E. Anderson, Chief Deputy Attorney General, William Henry Hurd, Deputy Attorney General, et al (supporting Respondent)

for the Council on Religious Freedom by Lee Boothby, Walter E. Carson, Robert W. Nixon, and Rolland Truman (supporting Respondent)

for the National School Boards Association by Gwendolyn H. Gregory, August W. Steinhilber & Thomas A. Shannon (supporting Respondent)

for the Pacific Legal Foundation by Anthony T. Caso and Deborah J. La Fetra; and for the Student Press Law Center by S. Mark Goodman (supporting Petitioner)

for the Student Press Law Center by S. Mark Goodman (supporting Petitioner)

or the American Center for Law and Justice by Jay Alan Sekulow, James Matthew Henderson, Sr. & Keith A. Fournier (supporting respondent)

or the American Civil Liberties Union et al. by Marjorie Heins, Steven R. Shapiro, and Stephen B. Pershing (supporting Petitioner)

or the Intercollegiate Studies Institute by Robert M. Rader & Donn C. Meindertsma (supporting Respondent)

News
Greenhouse, Linda, "Justices Agree to Consider if University Should Finance a Student Religious Magazine," The New York Times, Nov. 1, 1994, Sect. A, p. 25
Greenhouse, Linda, "Ruling on Religion," The New York Times, June 30, 1995, Sect. A, p. 1
Niebuhr, Gustav, "Victory on Religion Rulings Was Limited, Groups Say," The New York Times, July 1, 1995, p. 7
Other
Barron, Jerome & Dienes, C. Thomas, FIRST AMENDMENT LAW (3rd ed., 2004), pp. 372, 374, 375, 376, 476, 478, 479, 480
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (2nd Ed.) (2002), p. 949--950, 1166-1167
Farber, Daniel A., THE FIRST AMENDMENT (2nd ed., 2003), pp. 30-31
Greene, Abner S., "Government of the Good," 53 Vand. L. Rev. 1 68-69 (2000)
Heyman, Stephen, J., "State-Supported Speech," 1999 Wis. L. Rev. 1119
Redish, Martin & Daryl Kessler, "Governmental Subsidies and Free Expression," Minn. L. Rev. 543 (1996)
Schauer, Frederick, "Principles, Institutions, and the First Amendment," 112 Harv. L. Rev. 84 (1998)
Commentary
"A Breach in the Church-State Wall," The New York Times, July , 1995, Sect. A, p. 20
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Majority Opinion Brennan, J. (joined by Marshall, J., Blackmun, J., Powell,J. & Stevens, J.)
Concurring Opinion Burger, C. J., & O' Connor, J.
Dissenting Opinion White, J., & Rehnquist, J.
Lower Court 6th Circuit
Lower Court Ruling Establishment Clause claim upheld
Oral Arguments Audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Kenneth F. Ripple, Special Assistant Attorney General of Michigan

For Respondent
A. E. Dick Howard

Briefs
For Amicus
John W. Baker for the Baptist Joint Committee on Public Affairs

Lee Boothby for Americans United for Separation of Church and State

Marc D. Stern, Ronald A. Krauss, Jack D. Novik, Burt Neuborne, Charles S. Sims, Justin Finger, and Jeffrey Sinensky for the American Jewish Congress et al. (for respondents)

Michael W. McConnell for the United States (for petitioner)

Nathan Lewin, Dennis Rapps, and Daniel D. Chazin for the National Jewish Commission on Law and Public Affairs (for petitioner)

Wilfred R. Caron and John A. Liekweg for the United States Catholic Conference

News Stories & Commentary
Barbash, Fred and Al Kamen, "Supreme Court to Address Church-State Relations, Police Powers," The Washington Post, Sept. 30, 1984, Sect. A, P. 4
Greenhouse, Linda, "High Court Bars Public Teachers in Church Schools," The New York Times, July 2, 1985, Sect. A, P. 1
Ruling - Lower Court
718 F.2d 1389
News
"Parochial Aid Question to Be Decided," The New York Times, Feb. 28, 1984, Sect. A, p. 17
Elsasser, Glen, "High Court to Weigh Shared-Time Question," The Chicago Tribune, Feb. 28, 1984, p. 3
Greenhouse, Linda, "Church-State Issue to Be Sharpened," The New York Times, Aug. 6, 1984, Sect. A, p. 16
Other
Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 581-591
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