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The Come To Jesus Court

I used to have a naive belief that the courts were there to protect the rights of individuals and minorities but a couple of recent Supreme Court decisions show how mistaken I was. Two weeks ago in Schuette, and yesterday in Town of Greece, Justice Kennedy has come to the defense of the poor put-upon, oppressed by a hypersensitive minority, majority.

In a deeply divided plurality opinion the Court endorsed prayer at town-board meetings even if they almost exclusively invoked the name of Jesus – after all the town is majority Christian – as long as they don’t ” . . . threaten damnation, or preach conversion”.

All you others, stop whining.

Garrett Epps has it very well here.

Posted in Opinions, Supreme Court Tagged with: , , , ,

A Lively Argument on Government Prayer

Prayer at public government sessions was back before the Supreme Court this morning. It’s been thirty years since the Court last visited the issue when it ruled that it was constitutional for the Nebraska legislature to begin the day with a prayer. This time the prayer is at local government meetings of the Town of Greece, New York.

There was enough interest in the case for a group of law students spent the night in line outside the Court. Once they finally got their seat passes this morning, the Court’s cafeteria was a good place for a nap.Also in the cafeteria were several clergy, and I spied a group of nuns in the courtroom admiring the friezes, buttocks and all.

Attorney Thomas Hungar argued for the Town of Greece. As Hungar began Justice Kagan interrupted him to read an overtly Christian prayer from the record and asked if that would be permissible here at the Supreme Court.

University of Virginia law professor Douglas Laycock, representing the two women who are challenging the town’s prayer, Susan Galloway and Linda Stephens, was asked by Justice Alito to give an example of a prayer that would not offend anyone. “I don’t think it’s possible,” said Alito, “to compose anything that you could call a prayer that will be acceptable to all of these groups.” “You can’t treat everyone equally without getting rid of prayer altogether,” Laycock responded.

The case is Town of Greece v. Galloway

Posted in Arguments, Supreme Court Tagged with: , , ,
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