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McCreary County, Ky. v. ACLU of Kentucky (docket #:03-1693) (2005)  [Findlaw]

Secondary Link McCreary County, Ky. v. ACLU of Kentucky  [Legal Information Institute]
Argument Date 03/02/2005
Decided 6/27/05
Supreme Court Vote 5-4
Note Re transcript: The questioner on p. 31, beginning at line 9, is misidentified as Justice Stevens. The questioner actually was Justice Breyer. [source: SCOTUSblog]
Supreme Court Ruling Establishment Clause claim sustained.
IssueWhether several county displays consisting of framed copies of the Ten Commandments in county courthouses violate of the Establishment Clause of the First Amendment.
Case Summary & Additional Resources
Majority Opinion Souter, J.
Concurring Opinion O'Connor, J.
Dissenting Opinion Scalia, J.
Certiorari Granted 10/12/2004
Lower Court 6th Circuit
Lower Court Ruling Establishment Clause claim sustained.
Oral Arguments -- transcript [Source: SCOTUS]
-- transcript [source: US S Ct website]
Oyez audio file  [Oyez]
For Petitioner
Mathew D. Staver (Liberty Counsel)

For Respondent
David A. Freidman, ACLU of Kentucky

For Petitioner
Mathew Staver, Liberty Counsel

For Amicus
United States (Solicitor General)

News Stories & Commentary
Biskupic, Joan, "Ten Commandments Cases May Hinge on 1 High Court Justice," USA Today, March 3, 2005, Sect. A, P.2
Blumenthal, Ralph, "Split Rulings On Displays Draw Praise And Dismay," The New York Times, June 28, 2005, Sect. A, P. 17
Greenberger, Robert, "The Ten Commandments: New Legal Battle," The Wall Street Journal, Sept. 27, 2004, Sect. B, P. 1
Greenhouse, Linda, "At Docket's End, Moses and Movie Studios," The New York Times," June 21, 2005, Sect. A, P. 16
Greenhouse, Linda, "The Ten Commandments Reach the Supreme Court," The New York Times, Feb. 28, 2005, Sect. A, P. 12
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
ACLU v. McCreary (6th Cir., 2003) (majority opinion)

ACLU v. McCreary (6th Cir., 2003) (Ryan, J., dissenting)

ACLU v. McCreary, Boggs, C.J., dissent from 6th Circuit Denial of en banc hearing (2004)

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, "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)

ACLU v. Mercer (E.D. Ky. 2002)

Chemerinsky, Erwin CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 1202-1204, 1224
Gey, Steven G. RELIGION AND THE STATE (2nd Ed.) (2006), pp. 430-435
JCD for Medill News Service

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)

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