Thursday, November 7, 2013
More on the Town of Greece case
Here is a short op-ed by me, at CNN, on the Town of Greece case. A bit:
It is always risky to make predictions about the Supreme Court's decisions based on what is or is not said by lawyers and justices at oral argument. It is also almost impossible to resist the temptation to hunt through the transcripts for clues and tea leaves.
On Wednesday, the justices heard arguments in a case called Town of Greece v. Galloway, which involves a challenge to a small New York town's practice of opening its board meetings with short prayers, delivered by volunteers. A lower federal court ruled last year that the town of Greece's prayers -- but not necessarily all legislative prayers -- violate the First Amendment's rule against "establishments" of religion.
Arguing for those challenging the prayer was one of the most respected legal scholars in America, Douglas Laycock. As his argument time was running down, Justice Elena Kagan -- one of the two justices nominated by President Obama -- shared an interesting and revealing observation. She emphasized how important it is to "maintain a multireligious society in a peaceful and harmonious way" and then added, "every time the court gets involved in things like this, it seems to make the problem worse rather than better."
A clue? Perhaps . . .
And, relatedly, here's a piece by the Becket Fund's Daniel Blomberg, "Does the Constitution Require Least-Common-Denominator Prayer?"
https://mirrorofjustice.blogs.com/mirrorofjustice/2013/11/more-on-the-town-of-greece-case.html