Board of Trustees of Scarsdale v. McCreary

Bd. of Trs. of Scarsdale v. McCreary, 471 U.S. 83 (1985)

Court: Supreme Court of the United States
Decided: March 27, 1985
Docket: No. 84-277
Judges: Per Curiam
Citations: 471 U.S. 83105 S. Ct. 185985 L. Ed. 2d 6353 U.S.L.W. 44311985 U.S. LEXIS 194

Cited by 32 11 descriptions by later courts

Opinion — Per Curiam

471 U.S. 83 (1985)

BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE ET AL.

McCREARY ET AL.

No. 84-277.

Supreme Court of United States.

Argued February 20, 1985 Decided March 27, 1985 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Marvin E. Frankel argued the cause for petitioners. With him on the briefs was Marc D. Stern.

Marvin Schwartz argued the cause for respondents and filed a brief for respondents Scarsdale Creche Committee et al. Vincent K. Gilmore filed a brief for respondents McCreary et al. [*]

PER CURIAM.

The judgment is affirmed by an equally divided Court.

JUSTICE POWELL took no part in the decision of this case.

NOTES

[*] Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Burt Neuborne, Charles S. Sims, Norman Dorsen, and Steven R. Shapiro; for the American Jewish Committee et al. by Samuel Rabinove; and for the Anti-Defamation League of B'nai B'rith et al. by Ruti G. Teitel, Meyer Eisenberg, Justin J. Finger, and Jeffrey P. Sinensky.

Solicitor General Lee, Acting Assistant Attorney General Willard, and Deputy Solicitor General Bator filed a brief for the United States as amicus curiae urging affirmance.

Steven Frederick McDowell filed a brief for the Catholic League for Religious and Civil Rights as amicus curiae.

How later courts describe this case

Explanatory parentheticals written by citing courts — 11 in all; the most informative distinct ones are shown.

(lower court decision holding that city could constitutionally allow private group to display creche in traditional public forum affirmed by an equally divided court)

Kreisner v. City of San Diego, 1 F.3d 775 (9th Cir. 1993)
(remand for determination of size of sign necessary to disassociate the City from a free-standing creche in a public park)

Doe v. Small, 964 F.2d 611 (7th Cir. 1992)
(privately owned creche displayed in public park)

Doe v. City of Clawson, 915 F.2d 244 (6th Cir. 1990)

Cited by 32 cases

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Relies on it most ⓘ

American Civil Liberties Union of Kentucky v. Wallace G. Wilkinson, Governor of Kentucky895 F.2d 1098 (6th Cir. 1990)
Howard T. Kreisner v. City of San Diego1 F.3d 775 (9th Cir. 1993)
Howard T. Kreisner v. City of San Diego988 F.2d 883 (9th Cir. 1993)
Kaplan v. City of Burlington891 F.2d 1024 (2d Cir. 1989)
Doe v. Small934 F.2d 743 (7th Cir. 1991)
Doe v. Small964 F.2d 611 (7th Cir. 1992)

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Flamer v. City of White Plains, NY841 F. Supp. 1365 (S.D.N.Y. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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