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To: PatrickHenry
And so it goes. It's all about Lemon.

You need to read pages 21-23 of transcript. if it is "all about Lemon", the plaintiffs may have a huge problem. The plaintiffs even seem to recognize it. Given recent USSC jurisprudence, which almost invites a case which the justices can use to modify it, or even toss it completely; this case is a good candidate for a decision by the USSC if they disagree with the 3rd Circuit.

I am not going to predict how the judge will rule, but the Lemon test is in big trouble.

I do want to thank you for posting all the threads about this trial. It has been interesting.

52 posted on 11/16/2005 6:51:06 PM PST by connectthedots
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To: connectthedots; PatrickHenry
I am not going to predict how the judge will rule, but the Lemon test is in big trouble.

I don't think the Lemon test is necessary to rule the teaching of ID unconstitutional. All the plaintiff's have to do is established that ID is a sectarian religious belief with no scientific basis, and it would fail even under the most narrow reading of the establishment clause. Any unbiased reading of the trial evidence shows that they've succeeded in doing that.

Oddly enough, I'm with the creationists in hoping the Lemon test gets scrapped.

55 posted on 11/16/2005 7:10:00 PM PST by curiosity (Cronyism is not conservative)
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