Justice Black's opinion was remarkable for citing only one [[precedent]], establishing a modern record for lack of judicial authority. His sole citation of precedent was to an opinion he himself had written, ''[[Everson v. Board of Education]]'', and it was for the purpose of referencing some historical material included in that decision rather than for its holding.
The banning of school prayer is continually being upheld by [[Liberal|liberal]] [[Activist judges|activist judges]] despite its proven benefits such as the promotion of virtuous living, as Samuel Adams explained <blockquote>"Let divines and philosophers, statesmen and patriots, unite their endeavors to renovate the age by impressing the minds of men with the importance of educating their little boys and girls, inculcating in the minds of youth the fear and love of the Deity. . .and leading them in the study and practice of the exalted virtues of the Christian system."</blockquote> <ref> [http://www.restore-christian-america.org/reasons.html]</ref> In addition America’s morality has declined. Since the banning of school prayer there has been a 225 percent increase in amount of children without fathers, a 343 percent rise in illegitimate births and a 454% enlargement in the violent crime rate. <ref>[http://www.columbia.edu/cu/augustine/arch/usadecline.html]</ref>
Conservative legal scholars like Erwin Griswold, Dean of the Harvard Law School, criticized this ruling. Griswold said in a major speech that the Court had no authority to prohibit prayer in public school:<ref>''Washington Star'' (Mar. 3, 1963)</ref>