I think it means that no amount of coercive pressure could count. Only legal 
penalties. 

Scalia has said that before, and the Town said it in the principal brief. They 
backed far away from it in their reply brief.

On Mon, 5 May 2014 19:51:35 -0400
 Steven Jamar <stevenja...@gmail.com> wrote:
>
>Are we to read Scalia's and Thomas’s refusal to sign unto part II B as meaning 
>they would allow coercion and still not find an establishment violation?
>
>
>
>
>-- 
>Prof. Steven D. Jamar                     vox:  202-806-8017
>Director of International Programs, Institute for Intellectual Property and 
>Social Justice http://iipsj.org
>Howard University School of Law           fax:  202-806-8567
>http://sdjlaw.org
>
>"I have the audacity to believe that peoples everywhere can have three meals a 
>day for their bodies, education and culture for their minds, and dignity, 
>equality and freedom for their spirits."
>
>Martin Luther King, Jr., (1964, on accepting the Nobel Peace Prize)
>
>
>
>
>

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
     434-243-8546
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