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In a message dated 7/7/2005 6:58:35 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
It is implausible because no political actor wants to do this independently of either wanting to promote the faith or believing that a substantial block of his constituents want him to promote the faith. There is simply no motivation sufficient to overcome inertia independent of the religious motivation. It is naive to believe otherwise. A desire to protest the decisions is also largely derivative of a desire to promote the faith. And even if we take protest seriously as a secular motivation, McCreary County appears to require that the secular motivation be primary. And if we get over that hurdle, the display still likely has a principally religious effect. I realize that I am just me, and Doug is, well, Doug. I wonder why
his remarks are self-proving? Antipathy toward a court that has run amok
is a constant underlying stream of American political faith, having nothing in
particular to do with religion.
Here is a court that invites a nation to forget its history, its
founding. Here is a court that sustained the durability of the practice of
human slavery. Here is a court that sustained the practice of segregation
for nearly four score years. Here is a court that arrogated to itself the
power to invalidate acts of Congress on the purported ground of facial
unconstitutionality despite having been denied thrice in the Constitutional
Convention the very role in a committee of review. Here is the court that
fails to care sufficiently about the facts in any particular case that it uses a
fraudulently ginned up case to strike down the abortion statutes of virtually
every state. Here is a court that tells communities that it can take
a woman's home, grind it into dust, and transfer her property to another private
individual for commercial uses.
Trust Doug's assurance if you want, that no motivation but a religious one
is sufficient to overcome inertia. And continue to be blissfully unaware
of how the court is inviting the spite of a nation. To be sure, not every person
cares about every issue. Not everyone takes the same side. But the court
is fairly subject to antipathy across a broad swath of the "main" stream.
And from my perspective, the antipathy is real, deep, and abiding, in quantities
sufficient to sustain such defiant behavior.
Jim Henderson
Senior Counsel
ACLJ
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