TILTON v. RICHARDSON

No. 153.

403 U.S. 672 (1971)

TILTON ET AL. v. RICHARDSON, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL.

Supreme Court of United States.

Decided June 28, 1971.


Attorney(s) appearing for the Case

Leo Pfeffer argued the cause for appellants. With him on the briefs were Peter L. Costas, Paul W. Orth, and Jerry Wagner.

Daniel M. Friedman argued the cause for appellees Richardson et al. On the brief were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Robert V. Zener, and Donald L. Horowitz. F. Michael Ahern, Assistant Attorney General of Connecticut, argued the cause for appellee Peterson. With him on the brief was Robert K. Killian, Attorney General. Edward Bennett Williams argued the cause for appellee colleges and universities. With him on the brief were Jeremiah C. Collins, Howard T. Owens, Lawrence W. Iannotti, and Bruce Lewellyn.

Briefs of amici curiae urging reversal were filed by Franklin C. Salisbury for Protestants and Other Americans United for Separation of Church and State, and by Peter L. Costas and Paul W. Orth for the Connecticut State Conference of Branches of the NAACP et al.

Briefs of amici curiae urging affirmance were filed by Wilber G. Katz and John Holt Myers for the American Council on Education et al., and by Nathan Lewin for the National Jewish Commission on Law and Public Affairs.


MR. CHIEF JUSTICE BURGER announced the judgment of the Court and an opinion in which MR. JUSTICE HARLAN, MR. JUSTICE STEWART, and MR. JUSTICE BLACKMUN join.

This appeal presents important constitutional questions as to federal aid for church-related colleges and universities under Title I of the Higher Education Facilities Act of 1963, 77 Stat. 364, as amended, 20 U. S. C. §§ 711-721 (1964 ed. and Supp. V), which provides construction grants for buildings...

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