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To: Torie
Re: your 2440. Establishment clause jurisprudence is a mess. It needs tobe cleaned up. SCOTUS is all over the place.

A prediction. Once Alito is confirmed, establishemnt clause jurisprudence will be cleaned up a bit with Scalia and Thomas pulling right, Alito and Roberts inthe middle and Kennedy forcing them more toward the center. The other 4 will be window dressing. Kennedy will be the guy with power.

2,586 posted on 12/23/2005 4:38:53 PM PST by jwalsh07
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To: jwalsh07

The Court has been trying for the past 20 years to move lower courts away from establishment clause interpretations relying on the wall metaphor. Only Stevens remains as an adamant defender of the phrase. I expect Kennedy and Alito will continue the moves against the wall.

I personally hope that the Court will move more decisively toward an emphasis on the free exercise clause rather than the establishment clause. The free exercise clause has been virtually destroyed by establishment lines of reasoning. Any mention of religion is found to be an establishment.

The Dover fishing expedition was but another example of pulling the Christian rabbit out of the hat from Behe's testimony. This should really stop. Plaintiff's should have to show that free exercise has been impeded not that some relation to religion or religious motive can be demonstrated. This would restore the first amendment religion clauses to a closer original reading than the horrendous situation we have now in this area.


2,608 posted on 12/23/2005 6:49:49 PM PST by lonestar67
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