Engel v. Vitale recusals?

John Barrett barrettj at stjohns.edu
Mon Apr 3 11:24:32 PDT 2006


Except for Brown II, where the Court was on a unanimous course but after
Jackson's death in 10/54 had only 8 members. When it became clear in
11/54 that Harlan would not be confirmed promptly, the Court cancelled
the oral arguments that were scheduled for the next month.  After he was
confirmed in 3/55, the Court put the cases back on for a week of
argument in 4/55.


Are there other instances of a non-divided Court postponing argument
until the Court again was at full membership?  


John Q. Barrett

St. John's




-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Monday, April 03, 2006 1:59 PM
To: CONLAWPROF at lists.ucla.edu
Subject: RE: Engel v. Vitale recusals?


It was 6-1, with an opinion of the Court for five.  And when the Court
is short handed, it is short handed for all its cases, not just this
one.  My impression is that it doesn't put cases over for reargument on
grounds of shorthandedness unless it is evenly divided.  


Douglas Laycock

University of Texas Law School

727 E. Dean Keeton St.

Austin, TX  78705

   512-232-1341 (phone)

   512-471-6988 (fax)




From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of robson
Sent: Monday, April 03, 2006 12:41 PM
To: Jonathan Entin; CONLAWPROF at lists.ucla.edu
Subject: Re: Engel v. Vitale recusals?

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

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


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



	----- Original Message ----- 

	From: Jonathan Entin <mailto:jle at case.edu>  

	To: 'robson' <mailto:robson at mail.law.cuny.edu>  ;
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 <mailto:jle at case.edu>  (e-mail)

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