Bernie Rose, Interviews with Jews in Utah, Accn 998

Page 54

Rose (1/20/83) page 12 Mr. K Mr. R Mr. K !Y'r. R ~r. K ~r. R Mr. K Mr. R Where was it tried, the Shemp case? It was in New Jersey or Pennsylvania, one of the two. At about the sa~e time period? No, it preceded it by a good 10-12 years. The Shemp case is the law of the land. That's the one that says there will be no bible reading. So, that would have thrown out that Sioux Falls one. It should have .• should have. Well, a~yway, that case went to the circuit court of appeals, now upon which 3 men sit, and the deci­sion in the circuit court of appeals was 2 to 1 sustaining the judge. Then Pedar appealed to a rehearing with a full court, and in a full court there's 5 people. And the decision came ~own 3 to 2 with a descent written by one of the 2 that was,so far as I was concerned, was the decision that that case should have had. He hit it right on the head •• •you're talking about the guidelines whereas the reality is the practice.• Then he went on to ••• The guidelines must have been could •.• enough written so that they They were broad enough. They were broad enough. When that judge dealt with the guidelines and said the guidelines were fine and ignored the question of the nractice, that's why he lost that case. Then it went to the supreme court of the United States and the supreme court of the United States refused to hear it, so that meant the circuit court of appeals opinion would stick. Now the only way to handle that so far as the future's concerned is to go into a jurisdiction like, hopefully, New York, if you can find thi situation prevailing in New Yo~ that is this practice •• or Pennsyl -