-Caveat Lector-

CobolMage <[EMAIL PROTECTED]> wrote:
<snip>
> Reporting on today's action, AP writer Richard Carelli observed,
> "Chief Justice William H.  Rehnquist and Justices Antonin Scalia and
> Clarence Thomas have led the movement toward greater government
> accommodation of religion."  Less yielding have been Justices John
> Paul Stevens, David H.  Souter, Ruth Bader Ginsburg and Stephen G.
> Breyer.  Justices Anthony Kennedy and Sandra Day O'Connor have often
> been considered "swing votes" in the high courts First Amendment
> cases.
<snip>
I'm puzzled by this comment, especially its characterization of Scalia as
favoring "greater government accommodation of religion." Read Scalia's opinion
for the majority overturning the Religious Freedom Restoration Act. He was
scathing in his attack on the ability of churches to resist government ukases.
What Scalia, and to a lesser extent the rest of the reactionary caucus on the
Court, favors is a steady reduction of the authority of the Federal government
to intervene on the local level. The Court has consistently worked to shift
the level at which decisions are made from the Federal level (and to some
extent the local level) to state governments. Scalia trusts neither Washington
nor the nation's City Halls. Why he chooses to trust the notoriously flaky
judgment of state legislatures is beyond me, unless I assume that his distrust
is actually racially motivated--state legislatures are overwhelmingly white
and male throughout the country. On the basis of precedent, my guess is that
the Court will validate school "choice," reasoning that the states know best
what their citizens need (a flawed argument in itself). The whole thrust
behind so-called school "choice" or vouchers is two-fold: first, to undermine
the public schools, which are almost all unionized; and second, to keep as
much self-determination out of the hands of racial minorities, who
increasingly dominate big-city schools. [I realize that everything I've said
is vastly oversimplified and generalized. Nevertheless, I stand by my
comments.]

Bob


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Robert F. Tatman
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