Thanks, Alan, for your reply to my posting. I am parsing all of this because I am writing a brief to the 9th Circuit in one of my 10 Commandments cases (like Van Orden, the case involves an FOE monument). While Breyer's views are no longer centrist given the recent changes in the Court, his views will remain important to the lower courts until the newly-configured Court can get its hands on a religious display case. I hope, by then, to have moved to Canada.
I share your view of the plurality and Breyer's concurrence. We (the drafting team) have been having some internal debates about which opinion is controlling. I'm happy to be able to add your voice to my side of the argument!
Thanks again.
Ayesha
Ayesha Khan
Legal Director
Americans United for Separation of Church and State
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