Board of Trustees of Scarsdale v. McCreary

Board of Trustees of Scarsdale v. McCreary
Argued February 20, 1985
Decided March 27, 1985
Full case nameBoard of Trustees of the Village of Scarsdale, et al. v. Kathleen S. McCreary, et al.
Docket no.84-277
Citations471 U.S. 83 (more)
105 S. Ct. 1859; 85 L. Ed. 2d 63; 1985 U.S. LEXIS 194
ArgumentOral argument
Opinion announcementOpinion announcement
Case history
PriorMcCreary v. Stone, 575 F. Supp. 1112 (S.D.N.Y. 1983); 739 F.2d 716 (2d Cir. 1984)
Holding
Judgement of the Court of Appeals for the Second Circuit is affirmed as per an evenly split Court. Due to ambiguity in the lower court's decision, it is unclear whether the Village is obliged to display a privately-sponsored nativity scene on public land or if it may adopt neutral rules permitting the exclusion of the nativity scene.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinion
Per curiam
Powell took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I

Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985), was a United States Supreme Court case in which an evenly split Court upheld per curiam a lower court's decision that the display of a privately sponsored nativity scene on public property does not violate the Establishment Clause of the First Amendment.[1]

  1. ^ Board of Trustees of Scarsdale v. McCreary, 471 U.S. 83 (1985).