| School District of the City of Grand Rapids v. Ball
(No. 83-990)
718 F.2d 1389, affirmed. |
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| Syllabus
| Opinion
[ Brennan ] | Concurrence
[ Burger ] | Concurrence
[ O'Connor ] | Dissent
[ White ] | Dissent
[ Rehnquist ] |
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School District of the City of Grand Rapids v. Ball
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
JUSTICE WHITE, dissenting. [*]
As evidenced by -my dissenting opinions in Lemon v. Kurtzman, 403 U.S. 602, 661 (1971), and Committee for Public Education & Religious Liberty v. Nyquist, 413 U.S. 756, 813 (1973), I have long disagreed with the Court's interpretation and application of the Establishment Clause in the context of state aid to private schools. For the reasons stated in those dissents, I am firmly of the belief that the Court's decisions in these cases, like its decisions in Lemon and Nyquist, are "not required by the First Amendment and [are] contrary to the long-range interests of the country." 413 U.S. at 820. For those same reasons, I am satisfied that what the States have sought to do in these cases is well within their authority and is not forbidden by the Establishment Clause. Hence, I dissent, and would reverse the judgment in each of these cases.
* [This opinion applies also to No. 84-237, Aguilar et al. v. Felton et al., No. 84-238, Secretary, United States Department of Education v. Felton et al., and No. 84-239, Chancellor of the Board of Education of the City of New York v. Felton et al., post, p. 402.]