American Jewish Congress v. Americorps and Notre Dame

[marc stern]

The opinion, which I had tried to post Friday, speaks for itself at very
great length. In would note that in many ways the program is most like the
teacher subsidy program invalidated in Lemon. Under the Supreme Court's own
rules of stare decisis, laid out most forcefully by Justice O'Connor in
Agostini, that should mean that the Court of Appeals has little choice but
to affirm even though there are viable arguments-as Rick has alluded- that
point the other way (I should hardly have to add that I disagree with this
analysis).But in the Supreme Court, this case might prove to be a vehicle
for finally deciding how much is left of Lemon. Of course, who knows what
the Supreme Court will look like when this case gets there. 

Marc Stern

----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Rick Garnett
Sent: Wednesday, July 07, 2004 11:57 AM
To: Law & Religion issues for Law Academics
Subject: American Jewish Congress v. Americorps and Notre Dame

 

Dear all,

 

The district-court ruling in the AJC's Establishment Clause challenge to 

the Americorps Education Awards Program -- and, in particular, to the 

participation in the Program of teachers involved in Notre Dame's "Alliance 

for Catholic Education" -- is available at the AJC's website.  The court 

granted AJC's motion for summary judgment.

 

http://www.ajcongress.org/clsa/SJopinion.pdf

 

http://www.ajcongress.org/

 

Here's a link to the Alliance for Catholic Education, by the way:

 

http://ace.nd.edu/

 

I'll defer to my colleague Marc Stern regarding the details of AJC's claims 

and objections.  My own view -- with the caveat that I have consulted 

occasionally with Notre Dame's lawyers during the course of the litigation 

-- is that Judge Kessler's ruling is vulnerable on appeal.  I'd welcome 

others' reactions, though.

 

Best wishes,

 

Rick Garnett

 

Richard W. Garnett

Notre Dame Law School

Notre Dame, IN  46556

(574) 631-6981

garnett.4 at nd.edu

http://www.nd.edu/~ndlaw/faculty/facultypages/garnettr.html

 

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