Author: Matthew Namee
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Serbian Diocese v. Milivojevich, Part 2: Justice Rehnquist’s Dissenting Opinion
In my last article, I wrote about Justice Brennan’s majority opinion in Serbian Diocese v. Milivojevich, the 1976 Supreme Court case that deferred to the Holy Assembly of the Serbian Church in its defrocking of former US Bishop Dionisije and its reorganization of the American-Canadian Diocese. Click here for the opinions, and here for audio…
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Serbian Diocese v. Milivojevich, Part 1: Justice Brennan’s majority opinion
We’ve introduced the first major Supreme Court case dealing with Orthodoxy, Kedroff v. St. Nicholas Cathedral (1952). Today, we’ll begin an analysis of the other landmark case, Serbian Eastern Orthodox Diocese v. Milivojevich (1976). Justice Brennan’s majority opinion includes a lengthy historical background on the case, and I won’t go into all the details here;…
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1965 Yale Law Journal article on the Moscow-Metropolia Supreme Court case
In May 1965, the Yale Law Journal published a paper entitled, “Judicial Intervention in Church Property Disputes: Some Constitutional Considerations,” by Dennis E. Curtis. (For the lawyers reading this, the citation is 74 Yale L.J. 1113.) This paper focuses primarily on Kedroff v. St. Nicholas Cathedral, which we’ve been discussing at length here. Curtis begins…
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Atlas of American Orthodox Christian Churches now available
The newly-published Atlas of American Orthodox Christian Churches, edited by Alexei Krindatch, is now available for purchase via Holy Cross Bookstore. The price is $19.95. SOCHA advisory board member and renowned historian Fr. John Erickson authored a history of American Orthodoxy, and I contributed the historical census data, an article on ten interesting facts about American Orthodoxy history,…
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NY Times article on Moscow-Metropolia Supreme Court case
From the New York Times, November 25, 1952, page 31: U.S. COURT VOIDS ACT ON RUSSIAN CHURCH State Law to End Communist Sway in Orthodox Cathedral Here Is Upset by Ruling RELIGIOUS FREEDOM CITED 8-to-1 Decision Holds Action Violated 14th Amendment — Jackson Lone Dissenter BY CLAYTON KNOWLES WASHINGTON, Nov. 24 — The Supreme Court…
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Moscow v. the Metropolia, part 4: initial impressions
To read my previous articles on the 1952 Supreme Court case Kedroff v. St. Nicholas Cathedral, click here. For the full text of the Supreme Court opinions, click here. In my last four articles, I summarized the majority, concurring, and dissenting opinions in Kedroff v. St. Nicholas Cathedral. Here, I will offer my initial impressions of…
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Moscow v. the Metropolia in the Supreme Court, Part 3: Justice Jackson’s dissenting opinion
Lately, I’ve been analyzing the Kedroff v. St. Nicholas Cathedral, a landmark 1952 Supreme Court case. For all the articles I’ve written on the case, click here. In this article, I am focusing on Justice Jackson’s dissenting opinion. (A brief note: in the past articles, I erroneously referred to Justice Jackson as Justice Black. I…
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Moscow v. the Metropolia in the Supreme Court, Part 2: Justice Frankfurter’s concurring opinion
In my previous two articles (available here), I discussed the majority opinion in the 1952 Supreme Court case Kedroff v. St. Nicholas Cathedral. Today, I’ll discuss the concurring opinion of Justice Frankfurter. And just to be clear — “concurring opinion” means that Justice Frankfurter agreed with the ultimate outcome of the case (a victory for the Moscow Patriarchal jurisdiction), but differed to…
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Moscow v. the Metropolia in the Supreme Court, Part 1(a): Justice Reed’s majority opinion revisited
Yesterday, I discussed Justice Reed’s majority opinion in Kedroff v. St. Nicholas Cathedral, a landmark 1952 Supreme Court case pitting the Moscow Patriarchate’s North American jurisdiction against the Metropolia (today’s OCA). The dispute was about which group — Moscow or the Metropolia — was the rightful owner of St. Nicholas Cathedral in New York. The…
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Moscow v. the Metropolia in the Supreme Court, Part 1: Justice Reed’s majority opinion
It’s been forever since I wrote an article here at OH.org. I’ve been incredibly busy, with my family, my local parish, and law school classes taking up all of my time. I’m in summer classes, as well, so there won’t be much reprieve over the next couple of months. Fortunately, I’ve found a way to…