AMERICAN JEWISH v. CORPORATION NAT. SERV.

No. 04-5317, 02cv01948.

399 F.3d 351 (2005)

AMERICAN JEWISH CONGRESS, Appellee, v. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, Appellant. UNIVERSITY OF NOTRE DAME, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2005.


Attorney(s) appearing for the Case

Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant Corporation for National and Community Service. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Robert M. Loeb and Lewis S. Yelin, Attorneys.

Michael A. Carvin argued the cause for appellant University of Notre Dame. With him on the briefs were Stephen J. Brogan and Mary Beth B. Young.

Daniel S. Pariser argued the cause for appellee American Jewish Congress. With him on the brief were Irvin B. Nathan, Donald R. Gordon and Robyn M. Holtzman.

Ayesha N. Khan, Richard B. Katskee, Alex J. Luchenitser, Jeffrey P. Sinensky, Elliot M. Mincberg, and Judith E. Schaeffer were on the brief for amici curiae Americans United for Separation of Church and State in support of affirmance. Martin E. Karlinsky entered an appearance.

Before: EDWARDS, HENDERSON, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The First Amendment provides that "Congress shall make no law respecting an establishment of religion." Laws intended to advance or inhibit religion, or having either effect, violate the Establishment Clause. Agostini v. Felton, 521 U.S. 203, 222-23, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997). The issue in this appeal from an order granting summary...

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