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VAN ORDEN v. PERRY

No. 03-1500.

545 U.S. 677 (2005)

VAN ORDEN v. PERRY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF TEXAS AND CHAIRMAN, STATE PRESERVATION BOARD, ET AL.

Supreme Court of United States.

Decided June 27, 2005.

Attorney(s) appearing for the Case

Erwin Chemerinsky argued the cause for petitioner. With him on the briefs were Mark Rosenbaum and Paul Hoffman.

Greg Abbott, Attorney General of Texas, argued the cause for respondents. With him on the brief were Barry R. McBee, First Assistant Attorney General, Edward D. Burbach and Don R. Willett, Deputy Attorneys General, R. Ted Cruz, Solicitor General, Joel L. Thollander and Amy Warr, Assistant Solicitors General, and Paul Michael Winget-Hernandez, Assistant Attorney General.

Acting Solicitor General Clement argued the cause for the United States as amicus curiae in support of respondents. With him on the brief were Assistant Attorney General Keisler, Deputy Assistant Attorney General Katsas, Patricia A. Millett, Robert M. Loeb, and Lowell V. Sturgill, Jr.*

CHIEF JUSTICE REHNQUIST announced the judgment of the Court and delivered an opinion, in which JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join.

The question here is whether the Establishment Clause of the First Amendment allows the display of a monument inscribed with the Ten Commandments on the Texas State Capitol grounds. We hold that it does.

The 22 acres surrounding the Texas State Capitol contain 17...

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