Prologue
“We want isolation” … Don Lattin, “Church-State Conflict in Jewish Town,” San Francisco Chronicle, March 25, 1994.
the US Supreme Court, in Aguilar v. Felton … Aguilar v. Felton, 473 US 402 (1985).
“We look different …” Lattin, “Church-State Conflict.”
1. A New Homeland
When Ann Krawet and her husband … Everything in this chapter attributed to Ann Krawet is taken from an interview with her by the author.
As was Sotirios “Steve” Lagakos … Interview with Sotirios Lagakos by the author.
Those who had warned about the Satmar … Daniel D. Alexander, “Political Influence on the Resident Hasidic Community on the East Ramapo Central School District,” doctoral dissertation, New York University, 1982.
2. Who Moves In?
“None of our children can ride …” Clipping from Middletown Times-Herald- Record, 1986, author’s collection.
“They would go out to lunch …” Don Lattin, “Church-State Conflict in Jewish Town,” San Francisco Chronicle, March 25, 1994.
“My child was learning about …” Timothy Phelps, “Church v. State: Satmar School’s Public Funds Use Goes to High Court,” Newsday, March 27, 1994.
Alexander had written his doctoral dissertation … Daniel D. Alexander, “Political Influence on the Resident Hasidic Community on the East Ramapo Central School District,” doctoral dissertation, New York University, 1982.
Richard Nixon once said … John M. Caher, King of the Mountain: The Rise, Fall, and Redemption of Chief Judge Sol Wachtler (Amherst, NY: Prometheus Books, 1998).
“Whatever it takes, you send …” Interview with George Pataki by the author.
“The beauty of the leadership system” … Interview with Mel Miller by the author.
4. Who Educates?
Brown v. Board of Education in the 1950s … Brown v. Board of Education, 347 US 483 (1954).
5. Who Is Worshipped?
“Because we hold it for a fundamental and undeniable truth …” For the full text, see James Madison, The Writings of James Madison, vol. 2, Correspondence, 1783–1787 (New York: Putnam, 1901), http://oll.libertyfund.org/titles/madison-the-writings-vol-2-1783-1787.
“Well aware … that Almighty God …” For the full text, see Nancy Verell, “Virginia Statute for Religious Freedom,” Monticello official website, September 30, 2014, www.monticello.org/site/research-and-collections/virginia-statute-religious-freedom.
“It does me no injury for my neighbor …” Rebecca Bowman, “Jefferson’s Religious Beliefs,” Monticello official website, August 1997, www.monticello.org/site/research-and-collections/jeffersons-religious-beliefs.
In Reynolds v. United States, the Supreme Court held … Reynolds v. United States, 98 US 145 (1878).
in the 1940s, the Court returned … Everson v. Board of Education, 330 US 1 (1947).
In the 1960s the Supreme Court expanded … Engel v. Vitale, 370 US 421 (1962).
In 1968 the court overturned a law … Epperson v. Arkansas, 393 US 97 (1968).
the 1971 case of Lemon v. Kurtzman … Lemon v. Kurtzman, 403 US 602 (1971).
“The same authority which …” Madison, Writings, vol. 2.
the Supreme Court’s momentous decision … Brown v. Board of Education, 347 US 483 (1954).
7. Who Is Our Adversary?
Lewin told a story from his clerkship … Related by Nathan Lewin, who consented to an extensive interview by the author.
“make social isolation a goal …” A copy of Jay Worona’s 1990 brief was provided by the New York State School Boards Association.
Jay relied on the 1971 US Supreme Court precedent … Lemon v. Kurtzman, 403 US 602 (1971).
8. Here Comes the Judge
He put enormous effort into crafting … Grumet v. Education Department, 151 Misc.2d 60 (1992).
“residents of the Village of Kiryas Joel …” Ibid.
“The intent of the Legislature …” Ibid.
9. Establishment
Steve knew we were right, legally and morally … Everything in this chapter attributed to Steve Benardo stems from an extensive interview he granted the author.
10. Reviewing the Decision
“The creation of a public school …” All briefs quoted in this chapter were provided by the New York State School Boards Association.
“Regardless of whether the public school …” Grumet v. Board of Education, 187 A.D.2d 16 (1992).
“The school district’s supervision and control …” Lee v. Weisman, 505 US 577 (1992).
11. Does It Pass the Test?
“If this were a religious gerrymander…” All quotes from the oral arguments were transcribed from video recordings obtained from the archives of Albany Law School, Albany, NY.
“Because special services are already available …” Grumet v. Board of Education, 81 N.Y.2d 518 (1993).
“In the first place, it is to be remarked …” James Madison, “The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection,” Federalist 10, November 23, 1787, http://thomas.loc.gov/home/histdox/fed_10.html.
“We have a plan for her future …” Ari I. Goldman, “A Hasidic Village Frets over Its School’s Future,” New York Times, July 8, 1993.
“It became impossible” … Ibid.
“If this case went the other way …” Ari I. Goldman, “New York Court Prohibits Hasidic Public School,” New York Times, July 7, 1993.
12. Would the Supreme Court Care?
Steve Benardo was in his office … Interview with Steve Benardo by the author.
“The Appellate Division affirmed …” Grumet v. Board of Education, 81 N.Y.2d 518 (1993). Emphasis added.
“We believe that the [New York Court of Appeals] …” From Lawrence Reich’s motion, provided by the New York State School Boards Association.
While briefly disrupted in the 1960s … See Baker v. Carr, 369 US 186 (1962).
13. The Supreme Court Opens the Door
“Yesterday I entered an interim stay …” The glimpses of the inner workings of the court come from the writings and notes of Justice Blackmun, Harry A. Blackmun Papers, Library of Congress, Washington, DC.
best known for his opinion in Roe … Roe v. Wade, 410 US 113 (1973).
Stevens, a Ford appointee … “John Paul Stevens,” Biography.com, accessed September 18, 2015, www.biography.com/people/john-paul-stevens-9494379.
constitutional protection for abortion rights … Planned Parenthood v. Casey, 505 US 833 (1992).
against prayer in school ceremonies … Lee v. Weisman, 505 US 577 (1992).
Souter detested Washington, DC … Jeffrey Toobin, The Nine: Inside the Secret World of the Supreme Court (New York: Doubleday, 2007).
“To the argument made by …” William Rehnquist, “A Random Thought on the Segregation Cases,” 1952, www.pbs.org/wnet/supremecourt/rights/print/sources_document7.html.
In 2012 the former president confirmed … Joanna Malloy, “Bill Clinton Reveals for First Time That Former New York Gov. Mario Cuomo Rejected Supreme Court Nomination,” New York Daily News, June 6, 2012.
“has the makings of a potentially” … Linda Greenhouse, “God and Country: A School Case Goes to the Heart of a Great Issue,” New York Times, December 5, 1993.
For example, if a law against narcotics … Employment Division, Department of Human Resources of Oregon v. Smith, 494 US 872 (1990).
Wisconsin v. Yoder, the Supreme Court ruling … Wisconsin v. Yoder, 406 US 205 (1972).
“barely coherent, making the validity …” Greenhouse, “God and Country.”
“The problem isn’t the solution …” From Marc Stern’s brief, provided by the New York State School Boards Association.
“Everybody has a stake …” Interview with Marc Stern by the author.
“Basically what I learned was …” Interview with Jay Worona by the author.
15. May It Please the Court
“almost bombastically pretentious” … “Homes of the Court,” Supreme Court Historical Society official website, accessed September 18, 2015, www.supremecourthistory.org/history-of-the-court/home-of-the-court/.
“We’ll hear argument now in Number 93-517 …” The entire transcript of the argument, from which all related quotes used in this chapter were taken, is available at the Oyez Project, www.oyez.org/cases/1990-1999/1993/1993_93_517.
“Nino is ruffled” … Harry A. Blackmun Papers, Library of Congress, Washington, DC.
“The central question in the case …” Ana Puga, “Jewish Group Argues for School; High Court Gets Church-State Case,” Boston Globe, March 31, 1994.
the court seemed “befuddled” … William Freivogel, “School Issue Seems to Befuddle Court,” St. Louis Post-Dispatch, April 4, 1994.
I was quoted extensively in an article … Martha M. Canan, “Public Funding to Accommodate Religious Views at Stake in High Court Case,” Bond Buyer, March 31, 1994.
“A one-hour hearing …” Lyle Denniston, “Court Wary of Jewish Village School,” Chicago Sun-Times, March 31, 1994.
Interestingly, the same article … Lyle Denniston, “Jewish Village Getting Supreme Negative Vibes; Justices Show Little Support in Hearing,” Houston Chronicle, March 31, 1994.
“sounded as though they wanted …” David G. Savage, “Justices Ponder School District for Hasidim,” Los Angeles Times, March 31, 1994.
“While the Court could use this case …” Linda Greenhouse, “Justices, at Hearing on New York Case, Raise Pointed Questions over Church-State Linkage,” New York Times, March 31, 1994.
Joan Biskupic of the Washington Post … Joan Biskupic, “High Court Considers Hasidic School Case,” Washington Post, March 31, 1994.
“Although Lewin seemed in danger of losing …” Timothy M. Phelps, “Court Hears Hasids’ Arguments; Mixing Church, State at Issue,” Newsday, March 31, 1994.
the justices “were unusually blunt …” Tony Mauro, “Hasidic District Faces Sharp Questions,” USA Today, March 31, 1994.
“that the nation’s founders wisely banned” … “Respect Church-State Line,” USA Today, March 31, 1994.
“It doesn’t hurt to be accommodating” … Sister Mary Ann Walsh, “Respect Needs of Kids,” USA Today, March 31, 1994.
Nat Lewin and I faced off … ABC World News Tonight, March 30, 1994, transcript 4063.
“There are thousands of school districts …” “Church vs. State,” MacNeil/Lehrer NewsHour, March 30, 1994, transcript 4896.
16. Judicial Deliberations
On Friday April 1, 1994, the justices gathered … The glimpses of the inner workings of the court come from the writings and notes of Justice Blackmun, Harry A. Blackmun Papers, Library of Congress, Washington, DC.
had the votes to overrule Aguilar … See Agostini v. Felton, 521 US 203 (1997).
“all the lower courts—both state and federal …” Interview with Marc Stern by the author.
17. Supremely Decided
an unacceptable “ fusion” of church and state … Board of Education of Kiryas Joel Village School District v. Grumet, 512 US 687 (1994).
18. Déjà Vu
“It is disappointing that a governor …” The quote is from an op-ed article I wrote for Newsday, “Cuomo Should Stop Building Ghetto Walls,” which was published August 31, 1994.
“The trick for negotiators [was] to craft …” The quote was included in a decision of the appellate division, third department, by Justice Thomas Mercure. See Grumet v. Cuomo, 225 A.D.2d 4 (1996).
“personally disappointed in the utter disrespect …” James Dao, “Albany in Accord on School District for Hasidic Group,” New York Times, July 2, 1994.
To me, the law was all too reminiscent … Brown v. Board of Education, 347 US 483 (1954).
“The swift election-year move …” “A Poor Solution for Kiryas Joel,” New York Times, July 28, 1994.
“an insult to the democratic process” … Clipping from Gannett News Service, 1994, author’s collection.
“State residents should be questioning …” “Catering to Religious Sect Was Big Albany Mistake,” Buffalo News, July 8, 1994.
“It looks like the New York Legislature is basically …” Clipping from Associated Press, 1994, author’s collection.
“With the right motivation, the Governor …” Clipping from Rochester Democrat and Chronicle, July 1994, author’s collection.
the new law provided a “religious-neutral process” … Grumet v. Cuomo, 162 Misc.2d 913 (1994).
“decided that when the legislature dressed …” John Caher, “Justice Harris Hands Kiryas Joel Its First Victory,” Albany Times Union, August 11, 1994.
“a sneaky way to do what the First Amendment …” “Kiryas Joel: Still Wrong,” Albany Times Union, March 10, 1995.
“In determining whether the current law …” Grumet v. Cuomo, 225 A.D.2d 4 (1996).
“singling out the Village of Kiryas Joel …” Grumet v. Cuomo, 90 N.Y.2d 57 (1997).
the high court, on April 15, 1997, decided … Agostini v. Felton, 521 US 203 (1997).
overturning its 1985 decision … Aguilar v. Felton, 473 US 402 (1985).
“The sponsors of the latest bill …” Raymond Hernandez, “Albany Vote Defies Courts Again to Back a Hasidic School District,” New York Times, August 4, 1997.
During legislative debate, Assemblyman Joe Lentol … Ibid.
“The first time I saw this bill …” Ibid.
“Kiryas Joel’s leaders have once again …” Clipping from Middletown Times- Herald-Record, 1997, author’s collection.
“show some respect” for the New York Court of Appeals … Clipping from Gannett News Service, 1997, author’s collection.
“Once again, the New York State Legislature …” American Jewish Congress, “AJCongress Criticizes New York State Legislature for Again Creating School District in Kiryas Joel,” PRNewswire, August 4, 1997, www.prnewswire.com/news-releases/ajcongress-criticizes-new-york-state-legislature-for-again-creating-school-district-in-kiryas-joel-74880477.html.
“We conclude with an observation …” Grumet v. Pataki, 93 N.Y.2d 677 (1999).
As of this writing, the Kiryas Joel … See the FAQ on the Kiryas Joel official website, www.kjvoice.com/faq.asp.
Epilogue
a population of around twenty-two thousand … Census figures at US Census Bureau official website, http://quickfacts.census.gov/qfd/states/36/3639853.html. Note also that 60.5 percent of the population was under the age of eighteen, and a language other than English was spoken in 92 percent of the households.
Consider this July 2015 headline … Bill Mahoney, “Filings Show Kiryas Joel Money Flowed to Cuomo After Veto,” Capital New York, July 17, 2015, www.capitalnewyork.com/article/albany/2015/07/8572342/filings-show-kiryas-joel-money-flowed-cuomo-after-veto.
For example, look at the court’s … Burwell v. Hobby Lobby, 573 US _ (2014).
an Upstate New York town’s practice … Town of Greece v. Galloway, 572 US _ (2014).
“I think the main fight is to …” Valerie Richardson, “Scalia Defends Keeping God, Religion in Public Square,” Washington Times, October 1, 2014.
segment of public radio’s This American Life … Audio of the program is available on This American Life official website, www.thisamericanlife.org/radio-archives/episode/534/a-not-so-simple-majority; the transcript is at www.thisamericanlife.org/radio-archives/episode/534/transcript.
“Dear fellow taxpayer in the East Ramapo …” Ibid. Used with permission.