Since the court has NEVER cited the 10 C or hte Bible as legal
authority for anything, I am curious how it can be part of our judicial
heritage?
Steven Jamar wrote:
I think the Court could dividedly say that the 10
Commandments are
part of our juridical heritage and we use history and tradition to
justify some things and we have no coercion here and some
accommodation could creep in, and state sponsorship is attenuated;
plus Moses is on the mural in the Supreme Court, right? So I could
see a Rosenberger kind of decision maybe with a Grund/Grutter
splitting of hairs between the two cases.
Notwithstanding the foregoing way in which a decision could be cobbled
together, I predict that the court will rule the displays
unconstitutional as establishment violations. Unlike Rosenberger, it
is hard to find keeping them in place as some sort of support of free
speech and it is hard to find that from some perspective the religious
group would be treated differently and worse than some secular group
wanting to post something like, say, the Bill of Rights.
FWIW, I think these should be easy, bright-line cases against. There
are plenty of other fora for this sort of witnessing.
Steve
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/
"Whenever you find yourself on the side of the majority, it is time to
pause and reflect."
Mark Twain
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