LEMON ET AL.
v.
KURTZMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF PENNSYLVANIA, ET AL.; TILTON ET AL. V. RICHARDSON, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL.; EARLEY ET AL. V. DICENSO ET AL.; AND ROBINSON, COMMISSIONER OF EDUCATION OF RHODE ISLAND, ET AL. V. DICENSO ET AL.

U.S. | 1971-03-01
Nos. 89; No. 153; No. 569; No. 570
The Chief Justice, Mr. Justice Marshall, and Mr. Justice Blackmun are of the opinion that these motions should be denied because they were untimely filed. Motions to file briefs as amici curiae, in Nos. 569 and 570, by Connecticut State Conference on Branches of NAACP et al., Center for Law & Education et al., and American Jewish Committee et al., granted. Motion of Peter L. Costas, Esquire, for leave to participate in oral argument on behalf of Connecticut State Conference on Branches of NAACP et al. as amici curiae denied.
401 U.S. 931 Supreme Court of the United States (1971) Positive Treatment
Cited by 2 cases

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Holding

The Court granted several motions for leave to file amicus curiae briefs in various cases, while denying one motion to participate in oral argument.


Facts & Procedural History

Several parties sought to file amicus curiae briefs in cases before the Court. Some motions were timely, while others were considered untimely by some…

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Opinion of the Court

Appeal from D. C. E. D. Pa. [Probable jurisdiction noted, 397 U. S. 1034];

Appeal from D. C. Conn. [Probable jurisdiction noted, sub nom. Tilton v. Finch, 399 U. S. 904];

Appeals from D. C. R. I. [Probable jurisdiction noted, 400 U. S. 901.] Motion of National Association of Laymen to file a brief as amicus curiae in No. 89 granted. Motion of Connecticut State Conference on Branches of NAACP et al. for leave to file a brief as amici curiae in Nos. 89 and 153 granted. Motion of Center for Law and Education et al. for leave to file a brief as amici curiae in No. 89 out of time granted. Motion of National Catholic Educational Assn, et al. for leave to file a brief as amici curiae in Nos. 569 and 570 granted.

The Chief Justice, Mr. Justice Marshall, and Mr. Justice Blackmun are of the opinion that these motions should be denied because they were untimely filed. Motions to file briefs as amici curiae, in Nos. 569 and 570, by Connecticut State Conference on Branches of NAACP et al., Center for Law & Education et al., and American Jewish Committee et al., granted. Motion of Peter L. Costas, Esquire, for leave to participate in oral argument on behalf of Connecticut State Conference on Branches of NAACP et al. as amici curiae denied.


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Citator

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  • State OF W. Va. v. Chas. Pfizer & Co., Inc., 440 F.2d 1079 (2d Cir. 1971)
    …i v. Standard Oil Co., 431 F. 2d 1282 (1970), reversing the District Court for Hawaii which had allowed a private antitrust action to be brought by the state under this theory, although the Supreme Court has recently granted certiorari in this case, 401 U.S. 931, 91 S.Ct. 931, 28 L.Ed.2d 215 (1971).3 While in our view the court below might well have considered making use of a parens patriae theory in the present case (see, “State Protection of Its Economy and Environment” (supra)), Judge Wyatt made it quite…
  • Pennsylvania v. NEW York, 407 U.S. 206 (U.S. 1972)
    …intiff, and appointed Mr. John F. Davis as a Special Master to take evidence and make appropriate reports. 400 U. S. 811. Thereafter, California and Indiana were permitted to intervene as plaintiffs, and Arizona as.a defendant. 400 U. S. 924, 1019 ; 401 U. S. 931. The exception of Indiana as to a typographical error in the recommended decree is sustained. The phrase “escheat of custodial taking” in paragraph 2, lines 4-5 of the decree should read “escheat or custodial taking-.” The. Pennsylvania statute, A…

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