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School District of Abington Township v. Schempp

United States Supreme Court
374 U.S. 203 (1963)


Facts

The United States Supreme Court consolidated two cases to address the constitutionality of legislation mandating readings from Christian scripture at the start of each school day. In one case, Schempp (plaintiff) sought an injunction against the enforcement of a Pennsylvania state law. In the second case, an atheist couple petitioned for a writ of mandamus to rescind a rule imposed by the Board of School Commissioners of Baltimore City.

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 (Clark, 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 (Brennan, J.)

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

Dissent (Stewart, 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.