1.The revelation that Kenny switched sides also explains the lengthy Souter
concurrence in Lee. IF the original majority opinion had been a Kennedy
opinion rooted in coercion (and its absence in that case) an opinion
retracing the Establishment Clause makes sense as a dissent. It makes less
sense
Alabama Judicial Building Ten Commandments monument is again the subject of a ruling
from the U.S. Court of Appeals for the Eleventh Circuit: You can access today's ruling
at this link. An early favorite is this paragraph from the opinion:
In this case the appellants contend that the removal of
For a particularly badly reasoned equal access opinion in a case involving a
gay straight alliance club see Caudillo v. Lubbock ISD. It is not yet posted
on Westlaw or loislaw, but it is available on the Northern District of Texas
website.
Marc Stern
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Justice Intervenes in Boy Scouts Case
By SETH HETTENA
SAN DIEGO - The government intervened Thursday on behalf of the Boy Scouts of
America in a federal lawsuit over whether the Scouts should be
Alan,
A state law that conditioned aid on not maintaining a Kosher kitchen
would seem to discriminate on the basis of religion and to lack a
compelling state interest. The Saturday operation condition might be
treated as neutral on its face. If so, wouldn't Smith apply?
Brian
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