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Majority Opinion
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Burger, C.J. (joined by Black, Douglas, Harlan, Stewart & Marshall as to Nos. 569 and 570) (Marshall, J. took no part in the consideration of No. 89) |
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Concurring Opinion
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Blackman, J., & Douglas, J. (joined by Black, J.), & Brennan, J., & White, J. (concurring in judgment in No. 89) |
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Dissenting Opinion
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White, J. (dissenting as to Nos. 569 and 570) |
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Lower Court
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United States District Court for the Eastern District of Pennsylvania |
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Lower Court Ruling
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Establishment Clause claim denied |
| News |
"Limiting Parochial School Aid," Los Angeles Times, July 4, 1971, sect. B, p. 5
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Deedy, John, "Trouble for the Catholic Schools," New York Times, July 4, 1971, sect E, p. 7
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Deedy, John, "Trouble For the Catholic Schools; Parochial," New York Times, July 4, 1971, sect. E, p. 7
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Graham, Fred P., "High Court, 8-1, Forbids States to Reimburse Parochial Schools," New York Times, June 29, 1971, p. 1
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Robinson, Douglas, "School Aid Suits Set for 6 States," New York Times, July 2, 1971, p. 14
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Rosenbaum, David E., "Church Schools Expect Aid Rule by Court Today," New York Times, June 28, 1971, p. 1
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Stevens, William, K., "Education Voucher Plan Is Making Slow Progress," New York Times, July 2, 1971, p. 14
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.3
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Dickson, Del, editor, THE SUPREME COURT IN CONFERENCE (1940-1985), pp. 410-412 (re conference notes in Lemon)
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Esbeck, Carl H., "The Lemon Test: Should it be Retained, Reformulated, or Rejected?," 4 Notre Dame Journal of Law, Ethics & Public Policy 513 1990)
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Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 275-300
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Simpson, Gary, J., "The Establishment Clause in the Supreme Court: Rethinking the Court's Approach," 72 Cornell Law Review 905 (1987)
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Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 817, 822, 1186, 1187, 1191, 1193, 1197, 1199, 1205, 1206, 1214, 1219, 1220, 1227, 1228, 1230, 1277, 1278, 1279, 1280, 1281, 1282, 1289, 1290
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Witte, Jr., John, RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 152, 154, 156, 157-159, 163, 169-170, 171-172, 175, 176-177, 178, 188-189, 321
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| Commentary |
Editorial, "Separating Church From State," New York Times, June 29, 1971, p. 36
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Editorial, "State Aid to Church Schools," Los Angeles Times, July 5, 1971, sect. B, p. 6
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Moulton, C., "The Supreme Court rules out state-aid to parochial schools," Chicago Daily Defender, July 3, 1971, p. 23
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