Cooper v. U.S. Postal Serv., No. 07-4825 - U.S. Second Circuit
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Cooper v. U.S. Postal Serv., No. 07-4825

In an Establishment Clause challenge to religious displays in a contract postal unit operated by a church, summary judgment for plaintiff is vacated where the Establishment Clause requires no more than that the postal counter be free of religious material, and that visual cues distinguish the space operating as a postal facility from the space functioning as purely private property.

Read Cooper v. U.S. Postal Serv., No. 07-4825

Appellate Information

Argued: March 20, 2009

Decided: August 20, 2009

Judges

Opinion by Judge Jacobs

Counsel

For Appellant:

Jeffrey A. Shafer, Alliance Defense Fund, Washington, DC

Benjamin W. Bull, Alliance Defense Fund, Washington, DC

For Appellee:

Aaron S. Bayer, Wiggin and Dana LLP, New Haven, CT

Kevin M. Smith, Wiggin and Dana LLP, New Haven, CT