posted on 06/15/2004 6:17:08 PM PDT
To: tpaine; Torie
Any guess on the result if the Supreme Court didn't punt based on standing? If they're inclined to strike down "under God", doing so now could only hurt Kerry. A 4-4 tie would have resulted in the earlier decision standing...
posted on 06/15/2004 6:20:01 PM PDT
(President Bush on Reagan: "His Work is Done and Now a Shining City Awaits Him")
You have to love Thomas: What he is saying is that he agrees that the Respondent lacked standing to sue in the first place, but if he -- Judge Thomas -- had to decide the case on the merits he would reverse Lee. Thomas really is brilliant in ways that don't always show through Scallia. History will prove Thomas as one of the most significant SCOTUS jurists of our time.
The kind of coercion implicated by the Religion Clauses is that accomplished "by force of law and threat of penalty." Peer pressure, unpleasant as it may be, is not coercion.
A judge who actually gets it! This should be stated over and over and over again.
posted on 06/16/2004 8:57:05 AM PDT
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