CAPITOL SQUARE REVIEW AND ADVISORY BOARD v. PINETTE

No. 94-780.

515 U.S. 753 (1995)

CAPITOL SQUARE REVIEW AND ADVISORY BOARD et al. v. PINETTE et al.

United States Supreme Court.

Decided June 29, 1995.


Attorney(s) appearing for the Case

Michael J. Renner argued the cause for petitioners. With him on the briefs were Betty D. Montgomery, Attorney General of Ohio, and Christopher S. Cook, Andrew S. Bergman, Simon B. Karas, and Andrew I. Sutter, Assistant Attorneys General.

Benson A. Wolman argued the cause for respondents. With him on the brief were David Goldberger, Barbara P. O'Toole, Steven R. Shapiro, and Peter Joy.*

Scalia, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, and Breyer, JJ., joined, and an opinion with respect to Part IV, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined. Thomas, J., filed a concurring opinion, p. 770. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, in which Souter and Breyer, JJ., joined, p. 772. Souter, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor and Breyer, JJ., joined, p. 783. Stevens, J., p. 797, and Ginsburg, J., p. 817, filed dissenting opinions.


Justice Scalia announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Part IV, in which The Chief Justice, Justice Kennedy, and Justice Thomas join.

The Establishment Clause of the First Amendment, made binding upon the States through the Fourteenth Amendment, provides that government "shall make no law respecting an establishment of...

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