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In a message dated 7/8/2005 12:18:52 P.M. Eastern Daylight Time,
[EMAIL PROTECTED] writes:
Would city councils be permitted to express their dissenting views this way? In Roe, the Supreme Court concluded that states could not entirely prohibit
abortion, that they could, in fact, do almost nothing about abortion practices
in the early parts of the now disregarded trimester approach. But in
subsequent cases, the Court affirmed the ability of states and municipalities
(the City of St. Louis in one case) to prefer child birth over abortion.
It seems to me that the principle that the Court sustains in those cases is that
the people, acting through their elected representatives, may take a collective
view of things -- even when contrary to the machinations of that eminent
tribunal. So really the question is focused on whether there is a
violation of the Establishment Clause in such a display.
But the way Eugene presents the hypothetical, religious purpose is, in
fact, non-existent or tertiary at best. So, rather than the purpose
problem, the question would be effect. While she remains pending
appointment of her successor, would O'Connor's reasonable observer be informed
of the long (back beyond colonial days) tradition of dissent and disagreement
that runs through this nation's civil veins? If so, how could such a
reasonable observer draw any conclusion but that anger at the Court and
justification for that anger drove that display, and understanding of that anger
and understanding of the justification for that anger were the primary effects
of it?
Jim Henderson
Senior Counsel
ACLJ
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