The Establishment Clause and Sectarian Schools: A Final Installment?

1973 ◽  
Vol 1973 ◽  
pp. 57-97
Author(s):  
Richard E. Morgan
Author(s):  
Bruce J. Dierenfield ◽  
David A. Gerber

This chapter examines and analyzes the five-year journey of Zobrest v. Catalina Foothills School District (1993) from the federal district court in Tucson to the U.S. Court of Appeals for the Ninth Circuit to the U.S. Supreme Court. William Bentley Ball, the Zobrests’ attorney, and John Richardson, the school district’s attorney, clashed over whether the Establishment Clause permitted any government aid to a Catholic school. Many religious and civil libertarian groups—but just one national deaf association—filed arguments to sway the court. Chief Justice William Rehnquist, who wrote the majority decision favoring the Zobrests, misunderstood the complicated function of a sign language interpreter to permit what he regarded as incidental parochial school aid. Rehnquist maintained the aid was permissible because the plaintiffs and their deaf son were its main beneficiaries.


2018 ◽  
Vol 112 (4) ◽  
pp. 741-745 ◽  

On June 26, 2018, the U.S. Supreme Court upheld President Trump's most recent iteration of restrictions on entry to the United States by nationals from certain foreign countries. Following several rewrites of this travel ban, ensuing legal challenges, and lower court injunctions, the Court, in a five-to-four decision authored by Chief Justice Roberts, reversed the latest ruling of a lower court that had granted a partial preliminary injunction against the ban. Although acknowledging that there was considerable evidence tying the travel ban to bias against Muslims, the Supreme Court found that the plaintiffs were nonetheless unlikely to succeed either in their statutory claim that Trump lacked the authority to impose this ban or in their constitutional claim that the ban violated the Establishment Clause of the First Amendment. The Court accordingly reversed the lower court's injunction and remanded the case for further proceedings. The ruling, based on the Trump administration's asserted national security interest, leaves in place travel restrictions imposed on nationals of seven countries—Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen—only two of which are not Muslim-majority countries.


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