Green v. Regan Motion to Expedite Consideration of Petition for a Writ of Certiorari and to Consolidate with Nos. 81-1 and 81-3

    IN THE
SUPREME COURT OF THE UNITED STATES 

OCTOBER TERM, 1981

NO. 81-

WILLIAM H. GREEN, et al. ,
Petitioners,

v .

DONALD T. REGAN, Secretary of the 
Treasury, et al.,

Respondents.

MOTION TO EXPEDITE CONSIDERATION 
OF PETITION FOR A WRIT OF CERTIORARI 

AND TO CONSOLIDATE WITH NOS. 81-1 AND 81-3

Petitioners William H. Green, et al., by their undersigned 
counsel, respectfully pray that this Court expedite consideration 
of the Petition for a Writ of Certiorari to the United States 
Court of Appeals for the District of Columbia Circuit filed here­
with, and upon such expedited consideration, grant the Petition 
and consolidate this matter with Nos. 81-1 (Goldsboro Christian 
Schools, Inc, v. United States) and 81-3 (Bob Jones University v. 
United States) presently pending before this Court. In support 
of their motion, petitioners would respectfully show the Court as 
follows:

1. The Question Presented in the appended Petition for 
Writ of Certiorari is the same issue which will be addressed by 
this Court in Nos. 81-1 and 81-3.

2. The Brief for the United States in Nos. 81-1 and 81-3, 
as tendered with a Motion for Leave to File Brief Out of Time on 
February 25, 1982, argues that the prior declaratory judgment in 
this case, Green v. Connally, 330 F. Supp. 1150, 1179 (D.D.C.),



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aff'd mem, sub nom. Coit v. Green, 404 U.S. 997 (1971), was incor­
rectly decided and invites this Court to overrule its summary 

affirmance thereof.

3. Petitioners' rights to the relief previously granted 
them in this action will, therefore, be directly determined by 
the Court's decision of the issue in Nos. 81-1 and 81-3.

4. The United States has reversed its legal position be­
tween the filing of its Brief in Response to the Petitions for 
Writs of Certiorari in Nos. 81—1 and 81—3, and the time of the 
filing of its February 25, 1982 Brief on the merits in those 
cases, and the government has now suggested to the Court that it 
appoint an amicus curiae in Nos. 81—1 and 81—3 to argue in sup­
port of the judgments below in those cases. See Motion for Leave 
to File Motion for Divided Argument and Motion for Divided Argu­
ment, filed February 25, 1982.

5. Because of the overwhelming public importance of the 
issue presented, this is an appropriate case in which to grant 
certiorari prior to judgment in the Court of Appeals. Petition­
ers ' position has been adversary to that of the United States 
throughout this litigation and it is adverse to the position of 
the United States as reflected in its February 25, 1982 Brief in 
Nos. 81-1 and 81-3. Thus, if certiorari is granted in this mat­
ter prior to judgment below, and the case is consolidated with 
Nos. 81-1 and 81-3, the Court will be assured of adequate presen­
tation and ventilation of the difficult questions involved by 

fully adverse parties.

5. This case is in an appropriate posture for expedition. 
Petitioners are prepared to go forward on an expedited basis. 
Respondent federal officials, represented by the United States, 
have recently filed a substantial brief in Nos. 81—1 and 81 3



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on the legal issue involved. The only intervenor which has par­
ticipated actively in the litigation below during the last several 
years, the Clarksdale Baptist Church, is represented by the same 
counsel as Bob Jones University, petitioner in No. 81-3.

WHEREFORE, for the foregoing reasons, petitioners respect­
fully pray that the Court expedite consideration of the Petition 
for a Writ of Certiorari herein and issue its Order directing 
that responses the eto be filed with the Court no later than 
Wednesday, March 17, 1982 so that the Petition may be considered 
by the Court at its March 19 conference; and thereafter, that the 
Court grant the Petition and consolidate this matter with Nos. 
81-1 and 81-3 and set an expedited briefing schedule.

Respectfully submitted,

NORMAN J. CHACHKIN 
FRANK R. PARKER

Lawyers' Committee for Civil 
Rights Under Law

733 15th Street, N.W. Suite 520 
Washington, D. C. 20005 
(202) 628-6700

ROBERT H. KAPP 
JOSEPH M. HASSETT 
SARA-ANN DETERMAN 
DAVID S. TATEL 
WALTER A. SMITH, JR.

Hogan and Hartson 
315 Connecticut Avenue, N.W. 
Washington, D. C. 20006 
(202) 331-4500

Attorneys for Petitioners



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CERTIFICATE OF SERVICE

I hereby certify that on this 3rd day of March, 1982, I
served one copy of the foregoing Motion to Expedite Consideration
of Petition for a Writ of Certiorari and to Consolidate with
Nos. 81-1 and 31-3 upon counsel for the parties hereto, by
depositing same in the United States mail, first-class postage
prepaid, addressed as follows:

Hon. Lawrence G. Wallace 
Acting Solicitor General 
U.S. Department of Justice 
Washington, D.C. 20530
George S. Leonard, Esq.
206 North Washington St., Room 328 
Alexandria, Virginia 22314
William B. Ball, Esq.
Ball and Skelly
511 North 2nd Street
Harrisburg, Pennsylvania 17108

I further certify that I served one copy of the foregoing
Motion and one copy of the Petition for Certiorari filed herewith
upon counsel for the parties to Nos. 81-1 and 81-3 not already
served above, by depositing same in the United States mail,
first-class postage prepaid, addressed as follows:

William G. McNairv, Esq.
Brooks, Pierce, McLendon,

Humphrey and Leonard 
1400 Wachovia Building 
Greensboro, North Carolina 27402

All parties required to be served have been served.

Norman J. /Chachkin