WHITE, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

473 U.S. 373

School District of the City of Grand Rapids v. Ball

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

JUSTICE WHITE, dissenting. ^[*]

As evidenced by -my dissenting opinions in Lemon v. Kurtzman, 403 U.S. 602, 661 (1971), and Committee for Public Education & Religious Liberty v. Nyquist, 413 U.S. 756, 813 (1973), I have long disagreed with the Court's interpretation and application of the Establishment Clause in the context of state aid to private schools. For the reasons stated in those dissents, I am firmly of the belief that the Court's decisions in these cases, like its decisions in Lemon and Nyquist, are "not required by the First Amendment and [are] contrary to the long-range interests of the country." 413 U.S. at 820. For those same reasons, I am satisfied that what the States have sought to do in these cases is well within their authority and is not forbidden by the Establishment Clause. Hence, I dissent, and would reverse the judgment in each of these cases.

* [This opinion applies also to No. 84-237, Aguilar et al. v. Felton et al., No. 84-238, Secretary, United States Department of Education v. Felton et al., and No. 84-239, Chancellor of the Board of Education of the City of New York v. Felton et al., post, p. 402.]