RE: Floodwaters and Undermined Walls

[Marc Stern]

What the Establishment Clause in the abstract means is one thing; whether as a practical matter any body would or should enforce the maximum possible reading of the clause is something again. I have often urged on the Jewish community some exercise of judgment over what issues result in law suit. I have however been burnt more than once when those urging greater permissible involvement of religion with government cite the practice I have urged not be challenged as a mater of prudence  as  evidence  of a (de facto) concession that the constitution does not enact a wall of separation. It takes no imagination at all to guess that the next time that there is a law suit about official prayers, the governor’s call yesterday will be cited as evidence that the challenged prayer is acceptable.  If Jim will agree not to so cite it, I am happy not to challenge it and to urge others to do the same. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Thursday, September 01, 2005 2:18 PM To: [EMAIL PROTECTED]; religionlaw@lists.ucla.edu Subject: Re: Floodwaters and Undermined Walls   In a message dated 9/1/05 1:48:47 PM, [EMAIL PROTECTED] writes: Well, I know now what I always suspected.  If I cried out to Jim Henderson for succor, he might well help me but one part of his mind would be thinking or at least considering if he could use my suffering to advance his agenda.  Frances Paterson For all we know Jim has sent a bigger contribution to the New Orleans relief effort than any of the rest of us.  If Jim were in Louisiana he might be staffing a Red Cross shelter; my recollection is that he does a lot of personal (non-legal) pro bono work here.  I doubt that any of us who aren't near New Orleans are devoting 100% of our attention to the suffering in New Orleans; I'm working on a brief.  I share [EMAIL PROTECTED]'s view that there was nothing offensive about Jim's post. As to the proclamation, I do wish it had said something more like "My family and I are praying, and I call upon those who wish to do so to join us, and I call upon others to work and hope for relief from this disaster in the way that's meaningful to them."  That wouldn't have been so hard to say, would it? Art Spitzer ACLU

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