AGOSTINI v. FELTON

No. 96-552.

521 U.S. 203 (1997)

AGOSTINI et al. v. FELTON et al.

United States Supreme Court.

Decided June 23, 1997.


Attorney(s) appearing for the Case

Acting Solicitor General Dellinger argued the cause for the Secretary of Education, respondent under this Court's Rule 12.6, in support of petitioners. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, Paul R. Q. Wolfson, Michael Jay Singer, and Howard S. Scher.

Paul A. Crotty argued the cause for petitioners in both cases. With him on the briefs for petitioners in No. 96-553 were Leonard Koerner and Stephen J. McGrath. Kevin T. Baine and Emmet T. Flood filed a brief for petitioners in No. 96-552.

Stanley Geller argued the cause and filed a brief for respondents Felton et al.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, and in which Breyer, J., joined as to Part II, p. 240. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 255.


Justice O'Connor, delivered the opinion of the Court.

In Aguilar v. Felton, 473 U.S. 402 (1985), this Court held that the Establishment Clause of the First Amendment barred the city of New York from sending public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to a congressionally mandated program. On remand, the District Court for the Eastern District of New York...

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