From: [EMAIL PROTECTED] on behalf of Ed Brayton
Sent: Tue 7/25/2006 2:43 PM
To: Law & Religion issues for Law Academics
Subject: Re: The Roberts Court
Volokh, Eugene
wrote:
> I was thinking about the
Mt. Soledad case, but it may not be
>optimal from the conservatives'
viewpoint, since it's an overtly
>Christian symbol. The line Scalia
drew in the Ten Commandments cases
>seemed to be between the Christian
symbols and Judeo-Christian-Muslim(?)
>symbols, with the former generally
not allowed and the latter allowed.
>The Mt. Soledad cross could still be
upheld on some specific grounds,
>for instance that it's in context likely
to be seen as a war memorial
>and not just a cross (I'm skeptical of that
on the facts, but that's one
>possible argument) -- but these grounds may
be too fact-specific to
>warrant full Court review. So I'd think
that the conservatives on the
>Court might prefer a more
Ten-Commandments-like case.
>
>
I would be more than happy
to take bets on whether Scalia would redraw
that line if the Mt. Soledad case
reaches the court. I predict that such
line-drawing will be non-existent in
his judgement on that case.
Ed
Brayton
_______________________________________________
To post, send
message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change
options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please
note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
