Point taken. I'd forgotten that dissenting opinions are legally binding...
...oh, wait. They're not.
Point taken. I'd forgotten that dissenting opinions are legally binding......oh, wait. They're not.
Defensive much? I never implied Lemon had been overturned... just that it should be. But since you bring it up... a majority of the justices do want to get rid of or modify the Lemon test... See, for example:
- Rehnquist in Wallace v. Jaffree.
- O'Connor in Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos
- Stevens in Comm. for Pub. Educ. & Religious Liberty v. Regan
- Kennedy in Allegheny v. ACLU
- Scaliaand Thomas in Lee v. Weisman