Simplest establishment standing case ever. Disfavoring one religion is an establishment violation -- that gives anyone standing. Of course the current court could change the rules and restrict standing in this area as they have in others. Since it is at least theoretically possible that someone in Oklahoma could suffer actual harm from this provision (enforcement of an internationally valid Will which is compliant with Hanafi or Shafai or Wahabi or other schools of Islamic jurisprudence, for example), the court could use this to trim establishment claim standing.
On Nov 9, 2010, at 4:47 PM, Volokh, Eugene wrote: > I thought I’d ask list members what they thought about this. Here’s my post > on the subject, in case it’s of interest – I’d love to hear whether others on > the list agree. > > > http://volokh.com/2010/11/09/district-court-temporarily-enjoins-oklahoma-no-use-of-shariah-law-in-court-constitutional-amendment > > -- Prof. Steven D. Jamar vox: 202-806-8017 Associate Director, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/ "Never doubt that the work of a small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has." Margaret Meade
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