Brown v. Gilmore, 533 U.S. 1301, 2 (2001)

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Opinion in Chambers

Chief Justice Rehnquist, Circuit Justice.

This case is before me on an application for injunctive relief pending writ of certiorari pursuant to 28 U. S. C. 1651. Applicants seek an order enjoining further implementation of Virginia's mandatory "minute of silence" statute, Va. Code Ann. 22.1-203 (2000), pending this Court's disposition of their petition for certiorari which has been filed contemporaneously with this application. The petition for certiorari seeks review of a decision of the Court of Appeals affirming the constitutionality of 22.1-203. See 258 F. 3d 265 (CA4 2001). For the reasons that follow, I conclude that an injunction should not issue.

Applicants are Virginia public school students and their parents who challenge the constitutionality of a state statute, effective as of July 1, 2000, that requires all of Virginia's public schools to observe a minute of silence at the start of each schoolday. They challenge the statute on its face, contending that it establishes religion in violation of the First Amendment. For the past year, applicants have repeatedly sought temporary and permanent injunctive relief from both the District Court and the Court of Appeals to enjoin Virgin-ia's enforcement and implementation of this statute. On August 31, 2000, the District Court for the Eastern District of Virginia held a hearing on applicants' motion for preliminary injunctive relief in light of the approaching school year. This motion was denied. Applicants then requested that the District Court enter an injunction pending appeal, which was also denied. They then moved in the Court of Appeals for an injunction pending appeal. This motion was denied as well.

Applicants have been no more successful on the merits. On October 26, 2000, the District Court granted respondents' motion for summary judgment and dismissed applicants' challenge in its entirety. Applicants then sought expedited review in the Court of Appeals, which was denied. On July 24, 2001, a divided panel of the Court of Appeals affirmed the

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