Alabama Civil Liberties Union v. George C. Wallace, Governor of Alabama, Etc.

Fifth Circuit

Alabama Civil Liberties Union v. George C. Wallace, Governor of Alabama, Etc.

456 F.2d 1069, 1972 U.S. App. LEXIS 10949

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 3, 1972

Docket71-3390

StatusPublished

Cited by7 cases

This text of 456 F.2d 1069 (Alabama Civil Liberties Union v. George C. Wallace, Governor of Alabama, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alabama Civil Liberties Union v. George C. Wallace, Governor of Alabama, Etc., 456 F.2d 1069, 1972 U.S. App. LEXIS 10949 (5th Cir. 1972).

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Opinion

PER CURIAM:

This is an appeal from an order, judgment and decree of the United States District Court for the Middle District of Alabama enjoining defendant-appellant from reading and causing to be read, or permitting anyone subject to their control and direction to read to students in the public schools of Alabama readings from the Holy Bible as required by Title 52, Code of Alabama, § 542 (Recomp. 1958), and declaring Title 52, Code of Alabama, §§ 542, 543, 544. 1 (Reeomp. 1958) unconstitutional and void.

We find no error in the district court’s failure to impanel a three judge *1070 court under 28 U.S.C. § 2281, for it is well settled that where prior decisions make insubstantial or frivolous any claim that a state statute on its face is not unconstitutional, a three judge court is not required. Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1963). This is such a case. School District of Abington v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844 (1963).

We thus affirm the judgment of the district court, Alabama Civil Liberties Union v. Wallace, 331 F.Supp. 966 (M. D., Ala., 1971).

1

. § 542. All schools in this state that are supported in whole or in part by public funds shall have once every school day readings from the Holy Bible. (1927 School Code, § 594.) § 543. Teachers in making monthly reports shall show on the same that they have complied with the preceding section, and superintendents of city schools in drawing public funds shall certify that each teacher under his supervision has complied with this and the preceding section. (1927 School Code, § 695.) § 544. Schools in the state subject to the provisions of this and the two preceding sections, shall not be allowed to draw public funds unless the provisions of this and the two preceding sections are complied with, and the state superintendent of education is charged with the enforcement of the provisions hereof. (1927 School Code, § 596.)

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PER CURIAM:

This is an appeal from an order, judgment and decree of the United States District Court for the Middle District of Alabama enjoining defendant-appellant from reading and causing to be read, or permitting anyone subject to their control and direction to read to students in the public schools of Alabama readings from the Holy Bible as required by Title 52, Code of Alabama, § 542 (Recomp. 1958), and declaring Title 52, Code of Alabama, §§ 542, 543, 544. 1 (Reeomp. 1958) unconstitutional and void.

We find no error in the district court’s failure to impanel a three judge *1070 court under 28 U.S.C. § 2281, for it is well settled that where prior decisions make insubstantial or frivolous any claim that a state statute on its face is not unconstitutional, a three judge court is not required. Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1963). This is such a case. School District of Abington v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844 (1963).

We thus affirm the judgment of the district court, Alabama Civil Liberties Union v. Wallace, 331 F.Supp. 966 (M. D., Ala., 1971).

1

. § 542. All schools in this state that are supported in whole or in part by public funds shall have once every school day readings from the Holy Bible. (1927 School Code, § 594.) § 543. Teachers in making monthly reports shall show on the same that they have complied with the preceding section, and superintendents of city schools in drawing public funds shall certify that each teacher under his supervision has complied with this and the preceding section. (1927 School Code, § 695.) § 544. Schools in the state subject to the provisions of this and the two preceding sections, shall not be allowed to draw public funds unless the provisions of this and the two preceding sections are complied with, and the state superintendent of education is charged with the enforcement of the provisions hereof. (1927 School Code, § 596.)

Linda Stout, Plaintiffs-Appellants-Cross-Appellees, United States of America, Plaintiff-Intervenor-Appellant v. Jefferson County Board of Education, Board of Education of the City of Pleasant Grove, Defendant-Intervenor-Appellee-Cross-Appellant. Linda Stout, United States of America, Plaintiff-Intervenor-Appellee v. Jefferson County Board of Education, Board of Education of the City of Pleasant Grove, Defendant-Intervenor-Appellant. Linda Stout, United States of America, Plaintiff-Intervenor-Appellee, Charles Owens, Movants-Appellants v. Jefferson County Board of Education, Linda Stout, by Her Father, and Next Friend, Blevin Stout v. Jefferson County Board of Education, United States of America, Intervenor

466 F.2d 1213 (Fifth Circuit, 1972)

Stout v. Jefferson County Board of Education

466 F.2d 1213 (Fifth Circuit, 1972)

Hayes v. Williams

341 F. Supp. 182 (S.D. Texas, 1972)

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456 F.2d 1069, 1972 U.S. App. LEXIS 10949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-civil-liberties-union-v-george-c-wallace-governor-of-alabama-ca5-1972.

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