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McGowan v. Maryland

Supreme Court of the United States
366 U.S. 420 (1961)


Facts

McGowan (defendant) and six other employees of a discount retail store were indicted under a law of the state of Maryland (plaintiff) that prohibited the sale of all merchandise on Sunday except for a limited list of permissible items. The employees appealed the indictment on grounds that the law violated the separation of church and state and the Establishment Clause of the First Amendment. The indictments were upheld by the state supreme court. The employees petitioned the United States Supreme Court for review.

Rule of Law

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Issue

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Holding and Reasoning (Warren, 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.).

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Concurrence (Frankfurter, J.)

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Dissent (Douglas, 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.

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