Decision in Postal Service Establishment Clause Case Upheld

March 9, 2010

On Monday, the U.S. Supreme Court denied a petition for certiorari, and thereby let stand, an August 2009 decision of the Second Circuit Court of Appeals in Cooper v. U.S. Postal Service, an Important Establishment Clause case litigated by Wiggin and Dana's Appellate and Complex Legal Issues Practice Group in conjunction with the ACLU of Connecticut.

The case involved a church that operates a local post office under contract with the U.S. Postal Service in Manchester, Connecticut.  The church had displayed proselytizing religious materials where it was providing postal services in the post office, and the court held that the religious displays violated the Establishment Clause.

The church asked the U.S. Supreme Court to review the decision, arguing that Second Circuit should have held that the local residents of downtown Manchester lacked standing to maintain the suit.