Karcher v. May
| Karcher v. May | |
|---|---|
 3d Cir. 1985). | |
| Holding | |
| Appellants intervened and participated throughout this lawsuit only in their official capacities as presiding officers on behalf of the state legislature. They no longer hold those offices, and the authority to pursue the lawsuit on behalf of the legislature has passed to their successors under Federal Rule of Appellate Procedure 43(c)(1). | |
| Court membership | |
| |
| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, Brennan, Marshall, Blackmun, Stevens, Scalia |
| Concurrence | White |
| Laws applied | |
| U.S. Const. Art. III, Federal Rule of Appellate Procedure 43(c)(1) | |
Karcher v. May, 484 U.S. 72 (1987), was a school prayer case in which the Supreme Court of the United States held that the former presiding officers of the New Jersey legislature did not have Article III standing to appeal a case, as that standing had passed on to their legislative successors.[1]
Background
In 1982, the
Karcher and Orechio appealed, although by the time of filing their terms as Speaker and President had expired; their successors, Chuck Hardwick and John F. Russo, joined the executive officers in refusing to defend the constitutionality of the statute. Karcher and Orechio's lawyer, Rex E. Lee, nevertheless contended that their standing to continue to defend suit on the state's behalf remained, and also argued the purpose of the law was secular.[5][6]
Opinion of the Court
The court found that the former legislative leaders lacked standing,
As a result of this opinion, the district court ruling that the law was unconstitutional was left intact.[3]
See also
References
- ^ Karcher v. May, 484 U.S. 72 (1987).
- D.N.J.1983).
- ^ a b Kamen, Al (December 2, 1987). "Ruling on 'Moment of Silence' Avoided; Court Also Curtails Environmental Suits Under Clean Water Act". The Washington Post. Archived from the original on June 11, 2014. Retrieved December 21, 2012.
- ^ Kamen, Al (October 7, 1987). "Court Hears Suit Over Schools' Moment of Silence; Questions Suggest a Definitive Ruling Is Unlikely on New Jersey Law's Constitutionality". The Washington Post. Archived from the original on June 11, 2014. Retrieved December 21, 2012.
- ^ Andrea Neal (October 1, 1987). School Prayer. American Bar Association Journal. pp. 50–. Retrieved December 20, 2012.
- ISBN 9781576072028. Retrieved December 20, 2012.
- ^ Mirga, Tom (December 9, 1987). "Technicality Bars Ruling On Moments of Silence". Education Week. Retrieved December 20, 2012.
- ISBN 9780735549357. Retrieved December 20, 2012.
External links
- Text of Karcher v. May, 484 U.S. 72 (1987) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)