Logourl black

Locke v. Davey

United States Supreme Court
540 U.S. 714 (2004)


Facts

The state of Washington established the Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. However, students could not use the scholarship to pursue a degree in devotional theology. Joshua Davey, (plaintiff) discovered that he could not use his scholarship to pursue a pastoral ministries major at a private Christian college. Davey filed suit against Locke, the state official responsible for administering the Promise Scholarship Program, in federal district court on the grounds that Washington’s ban on the use of state scholarship funds for religious education violated his rights under the First Amendment Free Exercise Clause. The district court rejected his claim, but the court of appeals reversed. The United States Supreme Court granted certiorari.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Rehnquist, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Scalia, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 72,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,385 briefs - keyed to 134 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now