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ROEMER v. MARYLAND PUBLIC WORKS BD.

No. 74-730.

426 U.S. 736 (1976)

96 S.Ct. 2337

49 L.Ed.2d 179

ROEMER ET AL. v. BOARD OF PUBLIC WORKS OF MARYLAND ET AL.

Supreme Court of United States.

Decided June 21, 1976.

Attorney(s) appearing for the Case

Lawrence S. Greenwald argued the cause for appellants. With him on the brief was Melvin L. Wulf.

George A. Nilson, Assistant Attorney General of Maryland, and Paul R. Connolly argued the cause for appellees. With Mr. Nilson on the brief for appellees Board of Public Works of Maryland et al. were Francis B. Burch, Attorney General, and Henry R. Lord, Deputy Attorney General. With Mr. Connolly on the brief for appellees Loyola College et al. were Charles H. Wilson and John C. Evelius. George W. Constable filed a brief for appellee College of Notre Dame of Maryland, Inc. George T. Tyler and Robert V. Barton, Jr., filed a brief for appellee St. Joseph College at Emmitsburg, Maryland, Inc.

Leo Pfeffer filed a brief for the National Coalition for Public Education and Religious Liberty as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed by Solicitor General Bork, Assistant Attorney General Lee, and Thomas G. Wilson for the United States, and by Charles M. Whelan for the Association of American Colleges et al.

MR. JUSTICE BLACKMUN announced the judgment of the Court and delivered an opinion in which THE CHIEF JUSTICE and MR. JUSTICE POWELL joined.

We are asked once again to police the constitutional boundary between church and state. Maryland, this time, is the alleged trespasser. It has enacted a statute which, as amended, provides for annual noncategorical grants to private colleges, among them religiously affiliated institutions, subject only to the restrictions that...

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