Authors

Westlaw

Document Type

Case Brief

Publication Date

7-3-1989

Opinion

"Civil liberties organization and certain individuals brought action against county and city to challenge constitutionality of crèche in county courthouse and Chanukah menorah outside city and county building as violations of establishment clause. The United States District Court for the Western District of Pennsylvania, Barron P. McCune, J., entered judgment in favor of defendants. The Court of Appeals, 842 F.2d 655, reversed and remanded. Certiorari was granted. The Supreme Court, Justice Blackmun, held that: (1) display of crèche violated establishment clause, and (2) display of menorah next to Christmas tree did not have unconstitutional effect of endorsing Christian and Jewish faiths. Court of Appeals affirmed in part and reversed in part, and cases remanded. Justice O'Connor concurred in part, concurred in judgment, and filed opinion joined in part by Justices Brennan and Stevens. Justice Brennan concurred in part, dissented in part, and filed opinion joined by Justices Marshall and Stevens. Justice Stevens concurred in part, dissented in part, and filed opinion joined by Justices Brennan and Marshall. Justice Kennedy concurred in judgment in part, dissented in part, and filed opinion joined by Chief Justice Rehnquist and Justices White and Scalia."

Court

Supreme Court of the United States

Judges

Chief Justice William H. Rehnquist, Justice Harry Blackmun, Justice William J. Brennan Jr., Justice Anthony Kennedy, Justice Thurgood Marshall, Justice Sandra Day O'Conner, Justice Antonin Scalia, Justice John Paul Stevens, Justice Byron White

Lawyers

Peter Buscemi for petitioners. Roslyn M. Litman for respondents.

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