[P-Marlowe]

Ok, but if I read you bashing the Ninth Circuit for following SCOTUS in its "under God" opinion, you gotta wear the "HIPOCRITE" sandwich board for a week.

That is the problem with the Lemon Test. A judge will get the results he is predisposed to obtain. The Lemon Test is not objective or rational and the case you quoted from Alito was one in which the Lemon Test was applied by Alito in a conservative manner. Another judge would have come up with the opposite opinion. The Ninth Circuit undoubtedly would have found the same action that Alito found permissible to be impermissible using the same Lemon Test.

That is why the Lemon Test must be abandoned. That is why it will be abandoned. It creates unnecessary litigation and unpredictable results.

[MuddyWaters2006]

"The problem with the Lemon Test is that a judge will get the results he is predisposed to obtain."


Dat ain't nuttin new. The First Amendment was ambiguously framed, perhaps it was even intentional, to enable one to get the results he was predisposed to obtain. Article Three of the Northwest Ordinance was intentionally framed to trick the New Englanders into believing that their religion was going to be supported by the government in the Ohio Territory.

[Jezebelle]

It also allows results that are clearly a violation of the free exercise clause which actually IS in the First Amendment, unlike the non-existent "separation" "clause".