Legal Opinion · Dissent

Nancy Lund v. Rowan County, North Carolina

Court of Appeals for the Fourth Circuit

Decided July 14, 2017No. 15-1591Published

1Dissent

*301AGEE, Circuit Judge,

with whom Judge NIEMEYER, Judge TRAXLER, Judge SHEDD, and Judge DIAZ join, dissenting:

The majority holds that the- Rowan County Board of Commissioners’ practice of opening its public meetings with a commissioner-led invocation violates the Establishment Clause. That decision is irreconcilable with Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 (1983), and Town of Greece v. Galloway, 672 U.S. —, 134 S.Ct. 1811, 188 L.Ed.2d 835 (2014). Therefore, I respectfully dissent.

I. 1

Rowan County, North Carolina, exercises its municipal power through an elected Board…

2Cases cited21 opinions

  1. Lynch v. DonnellySupreme Court of the United States · 1984
  2. County of Allegheny v. American Civil Liberties UnionSupreme Court of the United States · 1989
  3. Lee v. WeismanSupreme Court of the United States · 1992
  4. Engel v. VitaleSupreme Court of the United States · 1962
  5. Marsh v. ChambersSupreme Court of the United States · 1983

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