SIMPSON v. CHESTERFIELD COUNTY BD. OF SUP'RS

Nos. 04-1045, 04-1141.

404 F.3d 276 (2005)

Cynthia SIMPSON, Plaintiff-Appellee, v. CHESTERFIELD COUNTY BOARD OF SUPERVISORS, Defendant-Appellant. National Legal Foundation, Amicus Supporting Appellant. Cynthia Simpson, Plaintiff-Appellant, v. Chesterfield County Board Of Supervisors, Defendant-Appellee. National Legal Foundation, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 14, 2005.


Attorney(s) appearing for the Case

ARGUED: Steven Latham Micas, County Attorney's Office for the County of Chesterfield, Chesterfield, Virginia, for Chesterfield County Board of Supervisors. Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Cynthia Simpson. ON BRIEF: Jeffrey L. Mincks, Stylian P. Parthemos, County Attorney's Office for the County of Chesterfield, Chesterfield, Virginia, for Chesterfield County Board of Supervisors. Victor M. Glasberg, Kelly M. Baldrate, Victor M. Glasberg & Associates, Alexandria, Virginia; Ayesha Khan, Americans United For Separation Of Church & State, Washington, D.C., for Cynthia Simpson. Steven W. Fitschen, The National Legal Foundation, Virginia Beach, Virginia, for Amicus Supporting Chesterfield County Board of Supervisors.

Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.


Affirmed in part, reversed in part, and remanded with directions by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined. Judge NIEMEYER wrote a concurring opinion.

OPINION

WILKINSON, Circuit Judge:

In this case we consider the effect of the Establishment Clause on a local government's policy concerning legislative invocations. Because that policy does not "proselytize or advance any one, or [ ]...

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