No. 83-1158

ESTATE OF DONALD E. THORNTON and , PETITIONERS,

v. CALDOR, INC.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT

[May __ , 1985]

JUSTICE POWELL, concurring in the judgment:

I concur in the Court's judgment that Conn. Gen.

Stat. §53-303e(b) violates the of the 2.

j ~wi:$:> First Amendment. b:Pk; JUSTICE BRENNA~ I- bet::eV"C that the

three-pronged test of Lemon v. Kurtzman, 403 u.s. 602,

612-613 (1971), and our Establishment Clause cases provide v/ .)

the proper framework for analysis of this case, rather

than our cases involving the Free Exercise Clause. I would hold simpl~t~ ecticut statute violates " the "effects" prong of the Lemon test, and hence, that the

judgment of the Connecticut Supreme Court should be

affirmed. -~.. N 0- -CD

No. 83-1158

ESTATE OF DONALD E. THORNTON and CONNECTICUT, PETITIONERS,

v. CALDOR, INC.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT

[May , 1985]

JUSTICE POWELL, concurring in the judgment:

I concur in the Court's judgment that Conn. Gen.

Stat. §53-303e(b) violates the Establishment Clause of the 2.

First Amendment. I agree with JUSTICE BRENNAN that the three-pronged test of Lemon v. Kurtzman, 403 u.s. 602,

612-613 (1971), and our Establishment Clause cases provide the proper framework for analysis of this case, rather than our cases involving the Free Exercise Clause. I would hold simply and briefly that the Connecticut statute violates the "effects" prong of the Lemon test, and hence, that the judgment of the Connecticut Supreme Court should be affirmed.

·. 05/18 To: The Chief Justice · Justice Brennan Justice White Justice Marshall Justice Blackmun Justice Rehnquist Justice Stevens Justice O'Connor

From: Justice Powell Circulated: ______

Recirculated: ----:,------

1st DRAFT SUPREME COURT OF THE

No. 83-1158

ESTATE OF DONALD E. THORNTON AND CONNECTI- CUT, PETITIONERS v. CALDOR, INC. ON WRIT OF CERTIORARI TO THE SUPREME COURT - CONNECTICUT I L.~ ~ .;. ~ [May-, 198~ y;;;P ~jj4. - ~~ ~ i ~- IJ. ~~ ~• JUSTICE POWELL, concUITing fn the judgment: ~ <:_~ - I concur in t ourt's judgment that Conn. Gen __.l · § 53-303e(b) olates the Establishment Clause of th First Amendment. I agree with JUSTICE BRENNAN t at the. three-pronged test of Lemon v. Kurtzman, 403 U. . 602, 612-613 (1971), and our Establishment Clause case provide the proper framework for analysis of this case, ~~HJ!iart--o~ CQ...... PilE;ffflSe§...invowiftg ~~e-~xei'eise Glame. I ould hold simply and briefly that the Connecticut statute 10lates the "effects" prong of the Lemon test, and ~art e "udg- ment of the Connecticut Supreme Court should be a e .-- ~ To: The Chief Justice Justice Brennan RECEIVED Justice White SUPREHf COURT. U.S Justice Marshall PUBLICATIONS UNI1 Justice Blackmun . Justice Rehnquist 15 HAY 23 Pl2 :17 Justice Stevens Justice O'Connor

From: Justice Powell Circulated: ______

Recirculated: ______

1st DRAFT SUPREME COURT OF THE UNITED STATES

No. 83-1158

ESTATE OF DONALD E. THORNTON AND CONNECTI­ CUT, PETITIONERS v. CALDOR, INC. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT [May-, 1985]

JUSTICE POWELL, concurring in the judgment: I concur in the Court's judgment that Conn. Gen. Stat. § 53-303e(b) violates the Establishment Clause of the First Amendment. I agree with JUSTICE BRENNAN that t three-pronged test of Lemon v. Kurtzman, 403 U. S. 2, 612-613 (1971), and our Establishment Clause cases ovide the proper framework for analysis of this caS €'f> flflot,:Ket"~iH'D.r' om' eases in•1alviHg the FFee ExeFeise Claase.,. I ould hold ----=;~illi!Ei~~~~ simply and briefly that the Connecticut statute~v:!.Ji~l~a~te~S~s;:._--tr--: "effects" prong of the Lemon test, and at the judg­ ment of the Connecticut Supreme Court shou d be affirmed .

..•.. To: The Chief Justice Justice Brennan Justice White Justice 'Marshall Justice 'mackmun Justice Rehnquist Justice Stevens Justice O'Connor From: Justice Powell Circulated: ______

Recirculated: ______

. ·.' ~...-1' ~D~AFT

SUPREME COURT OF THE UNITED STATES -ocn c::C:: erA CD-, No. 83-1158 !:::~:;1) n~..., ;; ~...,~ c:>o<~n- ESTATE OF DONALD E. THORNTON AND CONNECTI­ 0 Zc::;rn CUT, PETITIONERS v. CALDOR, INC. - ()')::00 c:~ a ~c::: ON WRIT OF CERTIORARI TO THE SUPREME COURT OF -.. 4()') CONNECTICUT -\.A) [May-, 1985] JUSTICE POWELL, concurring in the judgment: I concur in the Court's judgment that Conn. Gen. Stat. § 53-303e(b) violates the Establishment Clause of the First Amendment. . I · agree · t a t e . three-pronged test of Lemon v. Kurtzman, 403 U. S. 602, 612-613 (1971), and our Establishment Clause cases provide the proper framework for analysis of this cas ~r~ · · · e. I would hold simply and briefly that the Connecticut statute io tes th ~ ~ "effects" prong of the Lemon test, and at e judg- ment of the Connecticut Supreme Court should affirmed. 05/23 To: The Chief Justice Justice Brennan Justice White Justice ~arshall Justice Blackmun Justice Rehnquist Justice Stevens Justice O'Connor

From: Justice Powell MAY 2 3 1985 Circulated: ______

Recirculated: ______

1st DRAFT SUPREME COURT OF THE UNITED STATES

No. 83-1158

ESTATE OF DONALD E. THORNTON AND CONNECTI­ CUT, PETITIONERS v. CALDOR, INC. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT [May - , 1985] JusTICE POWELL, concurring in the judgment. I concur in. the Court's judgment that Conn. Gen. Stat. § 53-303e(b) violates the Establishment Clause of the First Amendment. I agree with JUSTICE BRENNAN that the three-pronged test of Lemon v. Kurtzman, 403 U. S. 602, 612-613 (1971), and our Establishment Clause cases provide the proper framework for analysis of this case. I would hold simply and briefly that the Connecticut statute-at least as applied in this case-violates the "effects" prong of the Lemon test, and therefore, that the judgment of the Connecticut Supreme Court should be affirmed.

' . ; 05/23 To: The Chief Justice Justice Brennan Justice White Justice ·~arshall Justice Blackmun Justice Rehnquist Justice Stevens Justice O'Connor

From: Justice Powell Circulated: lAY 2 3 1985

Recirculated: ______

1st DRAFT SUPREME COURT OF THE UNITED STATES

No. 83-1158

ESTATE OF DONALD E. THORNTON AND CONNECTI­ CUT, PETITIONERS v. CALDOR, INC. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT [May-, 1985] JusTICE POWELL, concurring in the judgment. I concur in the Court's judgment that Conn. Gen. Stat. § 53-303e(b) violates the Establishment Clause of the First Amendment. I agree with JUSTICE BRENNAN that the three-pronged test of Lemon v. Kurtzman, 403 U. S. 602, 612-613 (1971), and our Establishment Clause cases provide the proper framework for analysis of this case. I would hold simply and briefly that the Connecticut statute-at least as applied in this case-violates the "effects" prong of the Lemon test, and therefore, that the judgment of the Connecticut Supreme Court should be affirmed. 06/10 To: The Chief Justice Justice Brennan Justice White Justice Marshall Justice Blackmun Justice Rehnquist Justice Stevens Justice O'Connor

From: Justice Powell Circulated: ______Recirculated: _ J_U_N_ l_O_l_S_BS__ _

2nd DRAFT SUPREME COURT OF THE UNITED STATES

No. 83~1158

ESTATE OF DONALD E. THORNTON AND CONNECTI­ CUT, PETITIONERS v. CALDOR, INC. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT [June-, 1985] JusTICE POWELL, concurring in the judgment. I concur in the Court's judgment that Conn. Gen. Stat. § 53-303e(b) violates the Establishment Clause of the Fjrst Amendment. I agree that the three-pronged test of Lemon v. Kurtzman, 403 U. S. 602, 612-613 (1971), and our Estab­ lishment Clause cases provide the proper framework for anal- ysis of this case. I would hold simply and briefly that the Connecticut statute-at least as applied in this case-viol~ the "effects" prong of the Lemon test, and therefore.(that the judgment of the Connecticut Supreme Court should be affirmed.