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Monday, June 16, 2014

Ind. Decisions - SCOTUS denies cert re 7th Circuit decision prohibiting holding high school graduations in church building

Wisconsin Appellate Law has a post by William J. Katt, Jr. about today's SCOTUS denial of cert in Elmbrook School District v. Doe, that begins:

In a somewhat surprising move, the U.S. Supreme Court today denied the Elmbrook (Wisconsin) School District’s petition for a writ of certiorari in Elmbrook School District v. Doe, No. 12-755, over the dissents of Justices Scalia and Thomas. The School District petitioned from the decision of an en banc panel of the United States Court of Appeals for the Seventh Circuit that Elmbrook violated the First Amendment Establishment Clause when it held graduation events for many years in the auditorium of Elmbrook Church. That en banc decision had in turn overturned the decision of the original panel in the case finding no Establishment Clause violation.
The post concludes:
Justice Scalia’s dissenting view, while interesting, is likely to provide little solace to the School District, which potentially now faces an effort by the Doe parties to recover more than $800,000 in fees for legal services incurred even before the Supreme Court appeal was filed.

Posted by Marcia Oddi on June 16, 2014 11:32 AM
Posted to Ind. (7th Cir.) Decisions