As a side note, I was absolutely floored by the opinion. It wasn't the ruling itself that shocked me, so much as the fact that the judge actually got the central issues and understood them with unusual clarity and depth. So many rulings (not to mention laws) are based on piss-poor understandings of the concepts behind the arguments, but this judge fully understood the entire argument from each side and put a reasoned and intelligent ruling in place.
Looks like President Bush's appointment of this judge is working out well.
It wasn't the ruling itself that shocked me, so much as the fact that the judge actually got the central issues and understood them with unusual clarity and depth. So many rulings (not to mention laws) are based on piss-poor understandings of the concepts behind the arguments, but this judge fully understood the entire argument from each side and put a reasoned and intelligent ruling in place. Looks like President Bush's appointment of this judge is working out well. Yes, and I'm glad you've pointed this out. I was very skeptical of this judge when the case started. I feared that he was a political hack, in way over his head, who would do whatever he felt was the politically correct thing.
I was flat-out wrong. I've read most of the opinion. It's a splendid piece of work. He even covered himself on the Lemon issue, by reaching his conclusion not only via that route, but by another. In a footnote he called it a "belt and suspenders" move. He understood everything!
Other cases will, in due course, change our perspective on the establishment clause. But this one is a classic, and it will be in the text books and in the law schools. It will be the model by which the next incarnation of creationism is dealt with.
Judge John E. Jones III -- I know you're lurking -- you done good! God bless you.