Abington School Dist. v. Schempp

I think the records in the two cases before us are so fundamentally deficient as to make impossible an informed or responsible determination of the constitutional issues presented. Specifically, I cannot agree that on these records we can say that the Establishment Clause has necessarily been violated.1 But I think there' exist serious questions under both that provision and the Free Exercise Clause — insofar as each is imbedded in the Fourteenth Amendment — which require the remand of these cases for the taking of additional evidence.

I

The First Amendment declares that “Congress shall make no…