Bunting v. Mellen

In Bunting v. Mellen, 541 U.S. 1019 (2004), the U.S. Supreme Court denied certiorari to consider a decision by the Court of Appeals for the Fourth Circuit that held as unconstitutional, under the Establishment Clause, an invocation of God during Supper Roll Call ceremony at the Virginia Military Institute (VMI).

In unusual concurrences and dissents from this denial of certiorari, Justice John Paul Stevens wrote a concurrence in the denial and he was joined by Justices Ruth Bader Ginsburg and Stephen Breyer. Justice Antonin Scalia dissented, and he was joined by Chief Justice William Rehnquist.