Breyer's dissent is a demonstration of why the "reasonable observer" standard is inappropriate in any First Amendment religion case involving the government.
The Constitution itself prohibits the government from taking a position on the validity of any religious claim ~ which is undoubtedly why Breyer went to the "reasonable observer" standard in addressing the case.
What a wily subterfuge. He agrees with OUR reading of the Constitution so to get a decision that violates the clear language of the Constitution he resorts to externalities. We must be praying to God in the wrong manner for someone to get this angry ~ maybe passing the bread from left to right, or right to left, or receiving in the palm ~ fur shur Breyer does not care for the ways in which everybody else observes his or her own religion. What a bigot that man has become.
I've been noting since the day he took office that Obama would always select the SCOTUS candidate for nomination who was primed and ready to opt for the MOST FASCISTIC solution to a problem, and so she did. Sotomayor didn't write her own, but it must have been a humdinger in its first drafts ~ right arm thrusting out and up with fingers pointed to the fuhrer's picture ~ oh, my word, what a show!
Some clever clerk must have taken her aside and deprived her of insulin until she was too dizzy to continue with that tripe ~ resulting in her giving up her Mussolini emulation in favor of a simple note that says she concurs in the second-most Fascist solution!
It's good to know that the US government can still buy, sell and trade land for the purpose of removing it from conflict with the people of the United States. Absent those prerogatives, we might have to start taking the officers of state out and threatening them with mayhem or something.