Argument of Chief Justice Rehnquist
Mr. Rehnquist: I have the opinion of the court to announce in Van Orden against Perry.
The grounds of the Texas State Capitol include a monument inscribed with the Ten Commandments.
The Court of Appeals for the Fifth Circuit affirmed the District Court’s finding that the monument is not contributing the First Amendment’s Establishment Clause.
We granted certiorari and now affirm.
In an opinion joined by Justices Scalia, Kennedy, and Thomas, we hold that suppressive display of this monument with both the legacy and seculent significance does not violate the Establishment Clause.
The judgment of the Court of Appeals is affirmed.
Justices Scalia and Thomas have filed concurring opinions; Justice Breyer has filed an opinion concurring in the judgment; Justice Stevens has filed a dissenting opinion in which Justice Ginsburg has joined; Justice O’Connor has filed a dissenting opinion; Justice Souter has filed a dissenting opinion in which Justices Stevens and Ginsburg have joined.
I did not know we had that many people on our court.
