Engel v. Vitale recusals?

[robson]

Thanks!   And thanks to those who replied off-list.
That's what I've been assuming, which leads to the real query: 
Why did the Court not defer the case, since it was well-known to be controversial?  
Just not close enough?  



Ruthann Robson
Visiting Professor of Law
Stetson University College of Law
1401 61st Street South
Gulfport, FL 33707
rrobson at law.stetson.edu
727.562.7325

Professor of Law
City University of New York School of Law
65-21 Main Street
Flushing, NY 11367
robson at mail.law.cuny.edu
718.340.4447


  ----- Original Message ----- 
  From: Jonathan Entin 
  To: 'robson' ; CONLAWPROF at lists.ucla.edu 
  Sent: Monday, April 03, 2006 1:41 PM
  Subject: RE: Engel v. Vitale recusals?


  I believe that Justice White was not sworn in until after Engel v. Vitale was argued. I suspect that Justice Frankfurter's declining health explains his lack of participation.

   

  Jonathan L. Entin

  Professor of Law and Political Science

  Case Western Reserve University

  216-368-3321 (voice)

  216-368-2086 (fax)

  jle at case.edu (e-mail)
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