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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Friday, August 09, 2019

Appeals court decision on Lehigh County Seal

After a district court who voiced its dislike of current law held this seal unconstitutional, the law changed some and the court of appeals upheld it. I think the law was unclear enough that a seal like that with various symbols might have been upheld anyway though some evidence the cross was added to honor Christians who founded the county (settlers came centuries ago; the seal is from the 1940s) made the lower court ruling unsurprising as well.

I think this is a fair reading of what five justices would do and the 1940s time period suggests Breyer might go along too. But, altering a seal is different from taking down a display, especially those just endorsed (like from a patriotic group) by the government. Changing a seal to be more modern should be less controversial. This is an official government seal which is also more ubiquitous than a single monument or display, especially one only up for a holiday. Again, the justices likely won't parse like this but it suggests all displays are not equal. A representation of a large county should honor all.

ETA: For whatever reason, these things tend not to explain, Roberts granted a temporary stay in favor of the government in a criminal case.

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