Sent: Monday, June 14, 2004 1:36
PM
To: Law
Religion issues for Law Academics; David Cruz;
[EMAIL PROTECTED]
Subject: Re: The Merits in Newdow
Justice Thomas, by the way, would also hold that the
Fourteenth Amendment does not incorporate the Establishment Clause:
Quite simply
:
Marty Lederman
To: David Cruz ; [EMAIL PROTECTED] ; Law
Religion issues for Law Academics
Sent: Monday, June 14, 2004 11:56
AM
Subject: The Merits in Newdow
The collection of concurrences on the merits are
quite interesting. The Chief's opinion adopts the SG's argument --
s'
Sent: Monday, June 14, 2004 2:41 PM
Subject: RE: The Merits in Newdow
Why? It is Virginia that has set
up an establishment clause defense to the federal act. The Act itself purports
to protect Free Exercise rights and Thomas does not contend these are not
incorporated .And
Stevens creates a new prudential limitation on standing: it is improper for
the federal courts to entertain a claim by a plaintiff whose standing to sue
is founded on family law rights that are in dispute when prosecution of the
lawsuit may have an adverse effect on the person who is the source of
