I can see why Justice Kennedy would not think
history alone should be our guide (see, e.g.,
Lawrence v. Texas), but the ongoing reasonableness of the practice in today's world. Also,
McCreary might be our guide -- New York moved from a more inclusive (moment of silence) to problematic (prayer) rule
quite recently. As to the problems of judicial line drawing, see
Bond, this appears to be a variable concern for some justices. Finally, Justice Scalia, public meetings with established rules and a private dinner? Not quite same thing.
7 comments:
"God save the United States and this honorable court"!
If the legislature in Town of Greece here merely had someone say that instead of regime they have in place, doubt this case would be here.
Be pretty hard for the court to condemn its own procedure wouldn't it? If I were sitting, I'd throw out the court's procedure as well as the inscription on the coin, Eisenhower's addition to the pledge of allegiance and all the rest. Maybe that's one reason why I'm not sitting.
Uh huh. Have you seen or read anything about "The New New Testament"?
I saw your comment and read a review or two. I haven't read the work itself. You?
Only your earlier comment and some reviews. I haven't read the work itself. You?
Basically that -- I probably will buy it at some point.
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Thanks for your .02!