The United States Supreme Court today refused to review the case of an Orthodox Jew who was convicted in 1959 of violating New Jersey’s Sunday Closing Law. The high tribunal gave no reason for its refusal to hear an appeal brought by Dave Fass of West New York, New Jersey who was fined $25. 00 for selling carpeting on Sunday, November 29, 1959, in violation of the state’s Sunday law.
Mr. Fass had contended that the law was contrary to the constitutional guarantee of laws respecting the establishment of a religion and prohibiting free exercise of religious freedom. His request for an appeal was also based on his contention that as an Orthodox Jew he observed Saturday as his sabbath.
Justice William O. Douglas said he favored hearing the case. Absent from the proceedings was the court’s lone Jewish Justice–Felix Frankfurter–who is recuperating from a mild stroke suffered earlier this year.
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