Bob Jones University v. United States

I respectfully dissent.

While I agree with the result obtained by, and much of the opinion of, the district court, I would decide the case in a somewhat different setting, and I disagree in large extent with the analysis of the majority as well as its result.

To begin with, Bob Jones, which antedates by decades the decision in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), is a “fundamentalist religious organization.” Bob Jones University v. Connally, 472 F.2d 903, 904 (4th Cir. 1973). That has been held in this circuit when the same question now before us was…