The Story of Bob Jones University v. United States: Race, Religion, and Congress’ Extraordinary Acquiescence

STATUTORY INTERPRETATION STORIES, William Eskridge & Elizabeth Garrett, eds., Foundation Press, 2010

Columbia Public Law Research Paper No. 10-229

31 Pages Posted: 16 Feb 2010 Last revised: 16 Mar 2010

Date Written: March 11, 2010

Abstract

On May 25, 1983, the Supreme Court ruled 8-1 that the United States Internal Revenue Service (IRS) had authority to deny tax-exempt status to Bob Jones University, Goldsboro Christian School, and other private and religious schools with racially discriminatory educational policies. The Court relied on the statute’s broad purpose and placed significant weight on Congress’ failure to enact legislation to overturn the IRS policy. A complete account of the legislative history, provided here, both supports and undercuts the Court’s opinion. More importantly, this story provides an account of the dynamic interaction among a Supreme Court critical of racial integration, a Congress divided on this issue, and a presidency at war with itself. In the end, the story suggests that Bob Jones may have a limited role in shaping interpretive methodology, but that the case reveals how all three branches of government (as well as the public) interact to shape a statute’s meaning.

Suggested Citation

Johnson, Olatunde C., The Story of Bob Jones University v. United States: Race, Religion, and Congress’ Extraordinary Acquiescence (March 11, 2010). STATUTORY INTERPRETATION STORIES, William Eskridge & Elizabeth Garrett, eds., Foundation Press, 2010, Columbia Public Law Research Paper No. 10-229, Available at SSRN: https://ssrn.com/abstract=1552173

Olatunde C. Johnson (Contact Author)

Columbia University Law School ( email )

435 West 116th Street
New York, NY 10025
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
442
Abstract Views
3,331
Rank
120,407
PlumX Metrics