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

Wednesday, May 13, 2020

One Woman's Fight


With libraries closed, I'm spending some time rereading books and referenced this book here some time ago. Turned out around the time when she died, her not only around in the 1990s for a reprint first published in the 1950s, but living into the 20th Century. It is part of a wider whole of books that are basically case studies, of which I read many.

She was behind the McCollum "release-time" decision, the first time the Supreme Court struck down a law on Establishment Clause grounds. She notes another state case involving "release time" not on the premises, suggesting her own case might be decided differently. The U.S. Supreme Court so decided though the book itself doesn't add a footnote to say so. The first case had four opinions: a blithe one by Justice Black, a more detailed account with history but basically as separatist by Frankfurter, one by Jackson wary of too many cases (and noting religion will still be taught in a variety of ways) and a solo dissent by Reed.

All have something useful to say. It is suggested by two justices that not much harm is present here. The abuse inflicted on the child here suggests otherwise (the mother's obit adds a macabre detail about a cat that the book merely notes was lost). Some "free" exercise. And, the net result favors some sects who run the programs in place. No wonder the author notes many religious believers supported her cause. Worthy rereading.

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