II. CASE SUMMARY:
A. Background:
The New Jersey Legislature, in which appellant Karcher was a presiding officer, enacted a statute requiring the State’s public school educators to permit their students to observe a minute of silence before the start of each school day. Appellee May, a New Jersey public school teacher, challenged the constitutionality of the statute in federal court.
After the state Attorney General refused to defend the statute, appellants Karcher and Orechio, as presiding officers of the state legislature, intervened on behalf of the statute.
The district court held that the statute violated the Establishment Clause for lack of a valid secular purpose and the circuit court affirmed.
Appellants Karcher and Orechio lost their posts as presiding legislative officers. However, they continued defending the statue by filing an appeal to the US Supreme Court challenging the circuit court’s judgment under 28 USC § 1254(2). The high court granted the appeal. |
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ACLU attorney Norman L. Cantor argued the cause for appellees. With him on the briefs were ACLU attorneys Richard M. Altman, John A. Powell, and Eric Neisser. They represented the appellees, arguing for dismissal of the appeal, effectively affirming the Circuit Court’s decision.
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Rex E. Lee argued the cause for appellants. With him on the briefs were William W. Robertson, Dean A. Gaver, Robert P. Zoller, and Carter G. Phillips.
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Briefs of amici curiae urging affirmance were filed for the American Association of School Administrators by David S. Tatel, Walter A. Smith, Jr., and Elizabeth B. Heffernan; for the American Jewish Congress, et al., by Sheldon H. Elsen and Clement J. Colucci; for Americans United for Separation of Church and State, et al., by Lee Boothby and James M. Parker; for the Anti-Defamation League of B’nai B’rith, et al., by Ruti G. Teitel, Justin J. Finger, Meyer Eisenberg, Jeffrey P. Sinensky, and Steven M. Freeman; for the New Jersey Council of Churches, et al., by Donald L. Drakeman; and for the New Jersey Education Association by James R. Zazzali and Kenneth I. Nowak.
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Briefs of amici curiae urging reversal were filed for the United States by Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Ayer, Deputy Assistant Attorney General Carvin, Andrew J. Pincus, David K. Flynn, and Dennis J. Dimsey; for the State of Connecticut, et al., by Joseph I. Lieberman, Attorney General of Connecticut, Barney Lapp, Henry S. Cohn, and Carl J. Schuman, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: Robert K. Corbin of Arizona, Charles M. Oberly III of Delaware, Linley E. Pearson of Indiana, William J. Guste, Jr., of Louisiana, Frank J. Kelley of Michigan, Brian McKay of Nevada, and Hal Stratton of New Mexico; for the Catholic League for Religious and Civil Rights by Steven Frederick McDowell; for the Rutherford Institute, et al., by John W. Whitehead, David E. Morris, Alfred J. Lindh, Ira W. Still III, William B. Hollberg, Randall A. Pentiuk, Thomas W. Strahan, John F. Southworth, Jr., and W. Charles Bundren; and for Ronald Sokalski, et al., by Rex E. Lee, Carter G. Phillips, Richard G. Wilkins, Michael J. Woodruff, and Samuel E. Ericsson. |