Green v. Regan Motion to Expedite Consideration of Petition for a Writ of Certiorari and to Consolidate with Nos. 81-1 and 81-3
Public Court Documents
March 3, 1982

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Brief Collection, LDF Court Filings. Green v. Regan Motion to Expedite Consideration of Petition for a Writ of Certiorari and to Consolidate with Nos. 81-1 and 81-3, 1982. a9564a4c-b49a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/38146c4e-07a1-4f0b-8286-20907b9df359/green-v-regan-motion-to-expedite-consideration-of-petition-for-a-writ-of-certiorari-and-to-consolidate-with-nos-81-1-and-81-3. Accessed July 11, 2025.
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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.), * - 2 - 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 - 3 - 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 - 4 - 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