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.
Dover will never reach SCOTUS which is why Judge Jones saw fit to wax poetically about things he is unqualified to wax about. He would have been overturned for imitating a peer review board without a license.
Cobb County is where the action is at. the ACLU will pursue it to SCOTUS after the 11th Circuit overrules the trial judge, perhaps even with prejudice.
With Alito on board, they may have enough votes to grant cert for the sole purpose of writing some religious clause jurisprudence that doesn't resemble Timothy Leary on a bad day.
Dover will never reach SCOTUS which is why Judge Jones saw fit to wax poetically about things he is unqualified to wax about. He would have been overturned for imitating a peer review board without a license.
Cobb County is where the action is at. the ACLU will pursue it to SCOTUS after the 11th Circuit overrules the trial judge, perhaps even with prejudice.
With Alito on board, they may have enough votes to grant cert for the sole purpose of writing some religious clause jurisprudence that doesn't resemble Timothy Leary on a bad day.