HOME > First Amendment Library > Case   Braunfeld v. Brown (docket #: 67) (1961)  [Findlaw] Argument Date 12/08/1960 Decided 05/29/1961 Supreme Court Vote 6-3 Supreme Court Ruling Establishment Clause and Free Exercise Clause claims denied; Statute neither promotes establishment of religion nor prohibits free exercise of appellants’ religion, within the meaning of the First Amendment.   Issue Whether a Philadelphia statute preventing sale of retail on Sundays constitutes a law respecting an establishment of religion and interferes with free exercise of religion by imposing serious economic disadvantages to member of the Orthodox Jewish Faith, who must close their businesses on Saturday in order to observe their Sabbath. Majority Opinion Warren, C.J. (joined by Black, Clark, and Whittaker, J.J.) Concurring Opinion Frankfurter, J. (joined by Harlan, J.) Dissenting Opinion Douglas, J. Lower Court Federal District Court for the Eastern District of Pennsylvania Lower Court Ruling Establishment Clause and Free Exercise Clause claims denied. Oral Arguments audio record  [Oyez] Lawyers For Petitioner Theodore R. Mann For Respondent David Berger Briefs For Amicus Retail Clerks International Association, AFL-CIO, National Retail Merchants Association (for Respondents) Retail ClerSynagogue Council of America (for Petitioners) News Stories & Commentary "Court's Blue Ruling Worries Adventist," The Washington Post, Aug. 5, 1961, Sect. C, p. 2 "Sunday Laws Backed," The New York Times, Oct. 13, 1960, p. 54 Cassels, Louis, "Says Supreme Court May Kill Sundays Off," The Chicago Defender, Jan. 14, 1961, p. 20 Opinion - Lower Court Abraham Braunfeld v. Thomas J. Gibbons and Victor H. Blanc, 184 F. Supp. 352 (E.D.Pa 1959) (dismissing the case after finding nothing in amended complaint to challenge the constitutionality of the Pennsylvania Act) News "Supreme Court’s Actions," New York Times, May 30, 1961, pg. 34 Other Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), p. 1255 Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985) (2001), pp. 393-395 Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.8 Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.) (1996), p. 1591 Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14.13  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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