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Majority Opinion
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Stevens, J. (joined by Brennan, Marshall, Blackmun and Powell, JJ.) |
Concurring Opinion
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Powell, J., & O’Connor, J. |
Dissenting Opinion
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Burger, C.J., & White, J., & Rehnquist, J. |
Lower Court
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11th Circuit |
Lower Court Ruling
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Establishment Clause claim upheld. |
Oral Arguments
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audio record
[Oyez]
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Lawyers |
Deputy Solicitor General Bator
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Briefs |
American Civil Liberties Union, American Jewish Congress (for Respondents)
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Attorney General of Delaware Charles M. Oberly III, et al (for Petitioners)
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Opinion - Lower Court |
Jaffree v. Wallce v. Board of School Commissioners of Mobile County, 705 F.2d 1526 (C.A.Ala., 1983)
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News |
Barbash, Fred and Kamen, Al, "Supreme Court to Address Church-State Relations, Police Powers," The Washington Post, Sep. 30, 1984, sect. A, pg. 4
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Barbash, Fred, "Court Rejects Law Allowing School Prayer; Court to Hear Moment-of-Silence Case," Apr. 3, 1984, sect. A, pg. 1
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Commager Steele, Henry, "School Prayer: The Issue Is Constitutionally Clear," Los Angeles Times, Jun. 9, 1985, sect. D, pg. 1
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Gluckman, Ivan B., "Mr. Kilpatrick and School Prayer," The Washington Post, Sep. 3, 1985, sect. A, pg. 14
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Greenhouse, Linda, "Rulings of High Court’s Term Reaffirm Church-State Barriers," New York Times, Jul. 8, 1985, sect. B, pg. 5
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Hager, Philip, "Church-State Issue to Lead Court Agenda; Court: Church-State Separation to Dominate New Term," Los Angeles Times, Sep. 30, 1984, sect. A, pg. 1
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Hager, Philip, "Court Asked to Sanction ‘Moment of Silence’ in Schools; U.S. Backs Alabama Request to Uphold Law Permitting Voluntary Prayer or Meditation, Prayer," Los Angeles Times, Dec. 5, 1984, sect. B, pg. 26
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Hager, Philip, "Court Urged to OK ‘Moment of Silence’; U.S. Backs Alabama Law Allowing Voluntary Prayer in Schools," Los Angeles Times, Jul. 12, 1984, sect. B, pg. 4
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Kamen, Al, "Court Hears Challenge to ‘Moments of Silence’; Justices Told Alabama Law Is an Attempt to Promote Religion in Public Schools," The Washington Post, Dec. 5, 1984, sect. A, pg. 2
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Kamen, Al, "Prayer Ban In Schools Reaffirmed; Supreme Court Strikes Down Alabama Law, Supreme Court Reaffirms Public School Prayer Ban," The Washington Post, Jun. 5, 1985, sect. A, pg. 1
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Mann, Jim, "Praying School Again Ruled Unconstitutional; But Supreme Court Agrees to Consider Whether Meditation in Classroom Might Be Permissible," Los Angeles Times, Apr. 3, 1984, sect. B, pg. 1
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Rose, Turner, "The ‘Moment of Silence’ Is Not Dead; Clearly, the Supreme Court would approve it," The Washington Post, Apr. 9, 1987, sect. A, pg. 21
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Saperstein, Saundra, "Highlights of Opinions, Dissents, Speeches by Justice Rehnquist," the Washington Post, Jun. 19, 1986, sect. A, pg. 10
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Schemo, Diana Jean, "After a Surge, Limits Return to School Prayer," New York Times, Oct. 23, 2001, sect. A, pg. 16
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Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.5.1
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Laycock, Douglas, "The Origins of the Religion Clauses of the Constitution: ‘Nonpreferential’ Aid to Religion: A False Claim About Original Intent," 27 William & Mary Law Review 875 (1986)
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Marshall, William, "‘We Know it When We See It:’ The Supreme Court and Establishment," 59 Southern California Law Review 495 (1986)
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Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.5
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Smith, Rodney, "Nonpreferentialism in Establishment Clause Analysis: A Response to Professor Laycock," 65 Saint John’s Law Review 245 (1991)
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Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14.3, 14.6, 14.9, 14.15
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Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 169-170
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