ACLU v. Schundler

by the United States Court of Appeals for the Third Circuit

168 F.3d 92

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, on behalf of its members, ROBERT LANDER, ADAM JACOBS, JOEL SOLOW and ANN SORREL

v.

BRET SCHUNDLER, in his official capacity as Mayor of the City of Jersey City, New Jersey; THE CITY COUNCIL OF JERSEY CITY, NEW JERSEY; CITY OF JERSEY CITY, NEW JERSEY, Appellants

No. 98-5021

United States Court of Appeals,
Third Circuit.

August 6, 1998, Argued
February 16, 1999, Filed

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.