ACLU v. Schundler

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY. (D.C. No. 95-cv-00206). (District Judge: Honorable Dickinson R. Debevoise).

Affirmed in part, reversed in part and remanded.

KEVIN J. HASSON (ARGUED), ERIC W. TREENE, The Becket Fund for Religious Liberty, Washington, D.C., Counsel for Appellants.

NATHAN LEWIN, RICHARD W. GARNETT (ARGUED), MILLER, CASSIDY, LARROCA & LEWIN, Washington, D.C., Counsel for Chabad of Pittsburgh as Amicus Curiae in Support of Defendants-Appellants.

RONALD K. CHEN (ARGUED), RUTGERS CONSTITUTIONAL LITIGATION CLINIC, Rutgers Law School, Newark, NJ, Counsel for Appellee.

Before: NYGAARD, ALITO, and RENDELL, Circuit Judges. NYGAARD, Circuit Judge. Dissenting.