|
Justice Thomas, by the way, would also hold that
the Fourteenth Amendment does not incorporate the Establishment Clause:
"Quite simply, the Establishment Clause is best understood as a federalism
provision�it protects state establishments from federal interference but does
not protect any individual right." This suggests that Justice Thomas might
be very sympathetic to the State of Virginia's federalism-based Establishment
Clause argument in the (likely-to-be) upcoming case challenging the
constitutionality of RLUIPA, Bass v. Madison.
----- Original Message -----
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 --
darn-near-preposterous, IMHO (and that of Justice Thomas!) -- that the
Pledge is OK in schools because "under God" is "not endorsement of any
religion," but instead "a simple recognition of the fact
[that] '[f]rom the time of our earliest history our peoples
and our institutions have reflected the traditional concept that our Nation was founded on a fundamental belief in God.'"
Justice O'Connor joins the Chief's opinion, but
writes separately to suggest that the Pledge in schools is ok only
because of a confluence of "four factors" that will virtually never again
appear in combination in any other case. This result derives directly
from pages 24-29 of the amicus brief that Doug Laycock wrote: http://goldsteinhowe.com/blog/files/newdow.laycock.pdf.
----- Original Message -----
Sent: Monday, June 14, 2004 11:42 AM
Subject: Links to Newdow
Opinions
> It appears that those links did not work. All of the
opinions can be found
> here:
>
> http://supct.law.cornell.edu:8080/supct/html/02-1624.ZS.html
>
_______________________________________________
To post, send
message to [EMAIL PROTECTED]
To subscribe, unsubscribe, change
options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
|
_______________________________________________
To post, send message to [EMAIL PROTECTED]
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
