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Supreme Court· 4/2/1973

Lemon v. Kurtzman

Citations

  • 411 U.S. 192
  • 93 S. Ct. 1463
  • 36 L. Ed. 2d 151
  • 1973 U.S. LEXIS 85

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that nonunion employees' claim for restitution was actually for punitive damages when the union had acted lawfully by conferring benefits to the employees
  • holding that the trial court possessed broad discretionary power when crafting a remedy based upon equitable restitution, thereby requiring narrow appellate review
  • recognizing \`one of the first principles of constitutional adjudication — the basic presumption of the constitutional validity of a duly enacted state or federal law.'\
  • recognizing “ ‘one of the first principles of constitutional adjudication—the basic presumption of the constitutional validity of a duly enacted state or federal law.’ ”
  • explaining that, “[i]n equity, ... courts eschew rigid absolutes and look to the practical realities and necessities inescapably involved in reconciling competing interests.... ”
  • opining that an unconstitutional statute is not absolutely void but its one-time existence is a practical reality upon which people have relied and courts should recognize that reality

Source: CourtListener parenthetical corpus (CC0).

Judges: White, Burger, Blackmun, Powell, Rehnquist, Douglas, Brennan, Stewart, Marshall

Read full opinion on CourtListener

Cited by

439 cases in this archive cite this case; the 20 most cited are listed.

Cites

37 cases in this archive are cited by this case; the 20 most cited are listed.

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