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The opinion, which I had tried to post Friday, speaks for itself at
very great length. In would note that in many ways the program is most like the
teacher subsidy program invalidated in Lemon.
Under the Supreme Court's own rules of stare decisis, laid out most forcefully
by Justice O’Connor in Agostini,
that should mean that the Court of Appeals has little choice but to affirm even
though there are viable arguments-as Rick has alluded- that point the other way
(I should hardly have to add that I disagree with this analysis).But in the
Supreme Court, this case might prove to be a vehicle for finally deciding how
much is left of Lemon. Of course,
who knows what the Supreme Court will look like when this case gets there. Marc Stern ----Original Message----- Dear all, The district-court ruling in the AJC's Establishment Clause challenge
to the Americorps Education Awards Program -- and, in particular, to the participation in the Program of teachers involved in Notre Dame's
" for Catholic Education" -- is available at the AJC's
website. The court granted AJC's motion for summary judgment. http://www.ajcongress.org/clsa/SJopinion.pdf http://www.ajcongress.org/ Here's a link to the http://ace.nd.edu/ I'll defer to my colleague Marc Stern regarding the details of AJC's
claims and objections. My own view -- with the caveat that I have
consulted occasionally with Notre Dame's lawyers during the course of the
litigation -- is that Judge Kessler's ruling is vulnerable on appeal. I'd
welcome others' reactions, though. Best wishes, Rick Garnett Richard W. Garnett Notre (574) 631-6981 [EMAIL PROTECTED] http://www.nd.edu/~ndlaw/faculty/facultypages/garnettr.html _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see
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