The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 4, 1981
Decision: Tuesday, January 12, 1982
Issues: Judicial Power, Standing to Sue, Taxpayer's Suit
Categories: first amendment, freedom of religion, property, standing

Advocates

Lee Boothby (Argued the cause for the respondents)
C. Clark Hodgson, Jr. (Argued the cause for the petitioner)
Rex E. Lee (Argued the cause for the federal parties as respondents in support of the petitioner)

Facts of the Case

The Secretary of Defense closed the Valley Forge General Hospital in an effort to reduce the number of military installations in the country. In accordance with a congressional statute regulating the dispersal of surplus government property, part of the hospital's land was given, free-of-charge, to the Valley Forge Christian College.

Question

Did the transfer of property violate the Establishment Clause of the First Amendment?

Conclusion

The Court held that Americans United for Separation of Church and State did not have standing to sue. Justice Rehnquist argued that the group did not pass the first prong of the Court's test for taxpayer standing. Since the source of the group's complaint was not a congressional statute but the decision of a government agency to dispose of a parcel of property, and because the transaction did not involve the taxing and spending power, the group had no standing to sue.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Valley Forge CC, 4 vote(s) against
Legal Provision: Article 3, Section 2, Paragraph 1: Case or Controversy Requirement
Voted with the majority
Burger
Wrote a dissent
Brennan
Voted with the majority
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the minority, joined Brennan's dissent
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, Valley Forge CC v. Americans United, 454 U.S. 464 (1982),
available at: <http://www.oyez.org/cases/1980-1989/1981/1981_80_327/>
(last visited ).