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To: kiriath_jearim

“If government creates an open forum, it can’t pick and choose among religions,”

he’s right...once the precedent is set - to exclude any group would be arbitrary and capricious


8 posted on 03/31/2008 1:28:46 PM PDT by Revelation 911
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To: Revelation 911
It is not "arbitrary and capricious" if the policy is founded on well reasoned criteria.

The case law here is very suspect because the last two Establishment Clause cases were decided when SDO was on the bench. She was with the 4 libs every time. Breyer broke with them in the Texas case to allow for the monument at the TX state capitol. But Alito would presumably flip the one where the libs prevailed, and give us a tentative 5-4 majority on most of these issues.

13 posted on 04/02/2008 1:46:18 PM PDT by Clump (Your family may not be safe, but at least their library records will be.)
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