The Supreme Court Decision
Bob Jones University v. United States was decided May 24, 1983 in an 8-1 decision with majority opinion written by Warren E. Burger, and joined by William J. Brennan, Byron R. White, Thurgood Marshall, Harry A. Blackmun, John Paul Stevens, and Sandra Day O'Connor. The Court, speaking through Burger, read a "common law" public interest requirement into the statute governing tax-exempt charitable status, and cited Congress' refusal to intervene as proof that they approved of the IRS's construction of the statute. The Court applied a strict scrutiny analysis and found that the "Government has a fundamental, overriding interest in eradicating racial discrimination in education . . . substantially outweighs whatever burden denial of tax benefits places on exercise of their religious beliefs." The Court made clear, however, that its holding dealt "only with religious schools—not with churches or other purely religious institutions."
Lewis F. Powell wrote a separate concurring opinion, emphasizing the importance of Congressional approval for administrative policy changes. William H. Rehnquist was the sole dissenter, arguing that the literal terms of the governing statute could not be read to exclude Bob Jones from charitable status.
Read more about this topic: Bob Jones University V. United States
Famous quotes containing the words court decision, supreme, court and/or decision:
“We should have learnt by now that laws and court decisions can only point the way. They can establish criteria of right and wrong. And they can provide a basis for rooting out the evils of bigotry and racism. But they cannot wipe away centuries of oppression and injustice—however much we might desire it.”
—Hubert H. Humphrey (1911–1978)
“For man, the vast marvel is to be alive. For man, as for flower and beast and bird, the supreme triumph is to be most vividly, most perfectly alive. Whatever the unborn may know, they cannot know the beauty, the marvel of being alive in the flesh. The dead may look after the afterwards. But the magnificent here and now of life in the flesh is ours, and ours alone, and ours only for a time.”
—D.H. (David Herbert)
“As to “Don Juan,” confess ... that it is the sublime of that there sort of writing; it may be bawdy, but is it not good English? It may be profligate, but is it not life, is it not the thing? Could any man have written it who has not lived in the world? and tooled in a post-chaise? in a hackney coach? in a Gondola? against a wall? in a court carriage? in a vis a vis? on a table? and under it?”
—George Gordon Noel Byron (1788–1824)
“The decision to have a child is both a private and a public decision, for children are our collective future.”
—Sylvia Ann Hewitt (20th century)