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Mitchell Vs. Helms
Cites for this judgment
- US Supreme Court
- Jun 28, 2000
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U.S. 793 (2000) October Term, 1999 Syllabus Mitchell Et Al. V. HelmsSearch
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violated the First Amendment's Establishment Clause. Agreeing, the Chief Judge of the District Court held, under Lemon v. KurtzmanSearch
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loaned to the Catholic schools were direct aid and the schools were pervasively sectarian. He relied primarily on Meek v. PittengerSearch
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U. S. 349, and Wolman v. WalterSearch
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or equipment, he retired. Another judge then reversed that order, upholding Chapter 2 under, inter alia, Zobrest v. CatalinaSearch
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as part of a federal program for the disabled. While respondents' appeal was pending, this Court decided Agostini v. FeltonSearch
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Witters v. WashingtonSearch
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arbitrary choice that does not further the constitutional analysis. See Board of Ed. of Central School Dist. No. 1 v. AllenSearch
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may exist when money is given directly to religious schools, see, e. g., Rosenberger v. RectorSearch
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frees it to spend its other resources on religious ends. E. g., Committee for Public Ed. and Religious Liberty v. ReganSearch
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d) Additional factors cited by the dissent-including the concern for political divisiveness that post-Aguilar v. FeltonSearch
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analysis, they are overruled. Pp. 835-836. JUSTICE O'CONNOR, joined by JUSTICE BREYER, concluded that Agostini v. FeltonSearch
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Circuit's judgment that the Chapter 2 program is unconstitutional as applied in Jefferson Parish. To the extent Meek v. PittengerSearch
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s precedents. See, e. g., id., at 226-227. Actual diversion is constitutionally impermissible. E. g., Bowen v. KendrickSearch
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not treat a per-capita-aid program like Chapter 2 the same as the true private choice programs approved in Witters v. WashingtonSearch
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Dept. of Servs. for Blind, 474 U. S. 481 , and Zobrest v. CatalinaSearch
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Clause jurisprudence. Those decisions adhered to the prior holding in Board of Ed. of Central School Dist. No.1 v. AllenSearch
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religion, see, e. g., id., at 365-366. The irrationality of this distinction is patent. See Wallace v. JaffreeSearch
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see Meek, supra, at 384, should extend to instructional materials and equipment. School Dist. of Grand Rapids v. BallSearch
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ed.). 802 Opinion of THOMAS, J. that we recently considered in Agostini v. FeltonSearch
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of the District Court for the Eastern District of Louisiana granted summary judgment in favor of respondents. Helms v. CodySearch
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held that Chapter 2 violated the Establishment Clause because, under the second part of our three-part test in Lemon v. KurtzmanSearch
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App. to Pet. for Cert. 151a. Chief Judge Heebe relied primarily on Meek v. PittengerSearch
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U. S. 349 (1975), and Wolman v. WalterSearch
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upheld Chapter 2, pointing to several significant changes in the legal landscape over the previous seven years. Helms v. CodySearch
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WL 35283 (Jan. 28), App. to Pet. for Cert. 79a. In particular, Judge Livaudais cited our 1993 decision in Zobrest v. CatalinaSearch
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Judge Livaudais also relied heavily on a 1995 decision of the Court of Appeals for the Ninth Circuit, Walker v. SanSearch
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see Board of Ed. of Central School Dist. No.1 v. AllenSearch
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F. 3d, at 1465-1466. These cases, in the Ninth Circuit's view, revived the principle of Allen and of Everson v. BoardSearch
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Ninth Circuit also relied, id., at 1467, on our observation in Board of Ed. of Kiryas Joel Village School Dist. v. GrumetSearch
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the massive provision of text- 3 Everson v. BoardSearch
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on our decision in Zobrest and the Ninth Circuit's decision in Walker, Judge Livaudais invoked Rosenberger v. RectorSearch
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to teach remedial classes at private schools, including religious schools. In so holding, we overruled Aguilar v. FeltonSearch
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U. S. 402 (1985), and partially overruled School Dist. of Grand Rapids v. BallSearch
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in our case law or to divine the future course of our decisions and instead focused on our particular holdings. Helms v. PicardSearch
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In the over 50 years since Everson v. BoardSearch
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to apply these simple words in the context of governmental aid to religious schools.4 As we admitted in Tilton v. RichardsonSearch
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at 222-223. We acknowledged 4 Cases prior to Everson discussed the issue only indirectly, see, e. g., Vidal v. PhiladelphiaSearch
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Quick Bear v. LeuppSearch
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U. S. 50 , 81 (1908), or evaluated aid to schools under other provisions of the Constitution, see Cochran v. LouisianaSearch
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cf. Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. AmosSearch
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See id., at 491, n. 3 (Powell, J., joined by Burger, C. J., and REHNQUIST, J., concurring) (citing Mueller v. AllenSearch
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More recently, in Agostini v. FeltonSearch
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Zobrest v. CatalinaSearch
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