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McGowan v. Maryland (docket #: 8) (1961)  [Findlaw]

Argument Date 12/08/1960
Decided 05/29/1961
Supreme Court Vote 6-3
Supreme Court Ruling Establishment Clause and Free Exercise Clause claims denied; Statute prohibiting retail sale on Sundays, with some exceptions, does not violate the Equal Protection or Due Process Clause or constitute a law respecting establishment of religion.
IssueWhether a Maryland statute prohibiting retail on Sunday, with some exceptions for food and other things constitutes a violation of the Fourteenth and First Amendments.
Majority Opinion Warren, C.J.
Concurring Opinion Frankfurter, J. (joined by Harlan, J.)
Dissenting Opinion Douglas, J.
Lower Court Maryland Court of Appeals
Oral Arguments audio record  [Oyez]
For Petitioner
Harry Silber

For Respondent
John Martin Jones

News Stories & Commentary
"3 States Defend Sunday Sale Ban," The New York Times, Dec. 9, 1960, p. 22
Edwards, Willard, "Sunday Blue Laws Upheld," The Chicago Daily Tribune, May 30, 1961, p.1
Lewis, Anthony, "High Court Backs States' Blue Laws," The New York Times, May 30, 1961, p. 1
Stern, Lawrence, "Tight Sunday Closing Law Proposed by Maryland Unit," The Washington Post, March 3, 1959, Sect. B, p.1
Opinion - Lower Court
Margaret M. McGowan v. State of Maryland, 220 Md. 117, (Md. 1959)
"Blue Laws Left Intact," The Washington Post, Oct. 7, 1980, sect. C, pg. 3
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.3
Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.10
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14
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