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Agostini Vs. Felton

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  • US Supreme Court
  • Apr 15, 1997

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  1. Pasadena City Bd. of Ed. Vs. Spangler US Supreme Court · Dec 22, 1975
  2. United States Vs. Gaudin US Supreme Court · Jun 19, 1995
  3. Aguilar Vs. Felton US Supreme Court · Jul 01, 1985
  4. Meek Vs. Pittenger US Supreme Court · May 19, 1975
  5. Zorach Vs. Clauson US Supreme Court · Apr 28, 1952
  6. Edwards Vs. Aguillard US Supreme Court · Jun 19, 1987
  7. U.S. 203 (1997) October Term, 1996 Syllabus Agostini Et Al. V. Felton
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  8. In Aguilar v. Felton
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  9. complying with Aguilar and the assertions of five Justices in Board of Ed. of Kiryas Joel Village School Dist. v. Grumet
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  10. S. 687 , that Aguilar should be reconsidered, and argued that relief was proper under Rule 60(b)(5) and Rufo v. Inmates
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  11. I program. Accordingly, Aguilar, as well as that portion of its companion case, School Dist. of Grand Rapids v. Ball
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  12. Together with No. 96-553, Chancellor, Board of Education of the City of New York, et al. v. Felton
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  13. Michigan, Shared Time program, which is analogous to New York City's Title I program. Applying the three-part Lemon v. Kurtzman
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  14. inculcate religion or that their presence constitutes a symbolic union between government and religion. Zobrest v. Catalina
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  15. s rule that all government aid that directly aids the educational function of religious schools is invalid. Witters v. Washington
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  16. basis. Under such circumstances, the aid is less likely to have the effect of advancing religion. See Widmar v. Vincent
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  17. is considered in the course of assessing if a program has an impermissible effect of advancing religion, Walz v. Tax
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  18. failed to find excessive entanglement in cases involving far more onerous burdens on religious institutions. See Bowen v. Kendrick
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  19. Aguilar and those portions of Ball that are inconsistent with its more recent decisions. E. g., United States v. Gaudin
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  20. such that the law of the case doctrine does not apply. Accord, Davis v. United
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  21. Court's general practice is to apply the rule of law it is announcing to the parties before it, Rodriguez de Quijas v. Shears
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  22. Express, Inc., 490 U. S. 477 , 485, even when it is overruling a case, e. g., Adarand Constructors, Inc. v. Pena
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  23. filed a brief for respondents Felton et al. t JUSTICE O'CONNOR delivered the opinion of the Court. In Aguilar v. Felton
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  24. of the private schools within the Board's jurisdiction are sectarian, Felton v. Secretary
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  25. onto private school 211 campuses, as Congress had contemplated when it enacted Title 1. See Wheeler v. Barrera
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  26. After this program also yielded mixed results, the Board implemented the plan we evaluated in Aguilar v. Felton
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  27. F. 2d, at 72, the Court of Appeals nevertheless held that Meek v. Pittenger
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  28. U. S. 349 (1975), and Wolman v. Walter
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  29. our decision in Aguilar. Petitioners argued that relief was proper under Rule 60(b)(5) and our decision in Rufo v. Inmates
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  30. petitioners pointed to the statements of five Justices in Board of Ed. of Kiryas Joel Village School Dist. v. Grumet
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  31. In Rufo v. Inmates
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  32. A court may recognize subsequent changes in either statutory or decisional law. See Railway Employees v. Wright
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  33. b)(5) motion and remanding so District Court could consider whether consent decree should be modified in light of Bell v. Wolfish
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  34. U. S. 424 , 437-438 (1976) (injunction should have been vacated in light of Swann v. Charlotte-Mecklenburg
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  35. and Aguilar has in any event been undermined by subsequent Establishment Clause decisions, including Witters v. Washington
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  36. Dept. of Servs. for Blind, 474 U. S. 481 (1986), Zobrest v. Catalina
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  37. Foothills School Dist., 509 U. S. 1 (1993), and Rosenberger v. Rector
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  38. to understand the rationale upon which Aguilar, as well as its companion case, School Dist. of Grand Rapids v. Ball
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  39. Id., at 379. The Court conducted its analysis by applying the threepart test set forth in Lemon v. Kurtzman
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  40. in at least three ways. Ibid. First, drawing upon the analysis in Meek v. Pittenger
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  41. Id., at 372. Cf. Wolman v. Walter
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  42. id., at 391 (quoting Zorach v. Clauson
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  43. Board of Ed. of Westside Community Schools (Dist. 66) v. Mergens
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  44. cf. Edwards v. Aguillard
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  45. effect of state-sponsored indoctrination or constitutes a symbolic union between government and religion. In Zobrest v. Catalina
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  46. that all government aid that directly assists the educational function of religious schools is invalid. In Witters v. Washington
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  47. nature of the institution benefited.''' Id., at 487 (quoting Committee for Public Ed. & Religious Liberty v. Nyquist
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  48. to inculcate religion in stu- 227 dents. National Coalition for Public Ed. & Religious Liberty v. Harris
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  49. Felton v. Secretary
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