Good News Club

[James Henderson]

<tcberg at SAMFORD.EDU> wrote:
>> After *Good News Club,* does anyone think that the
Second Circuit's *Bronx Household* rule has a chance
of surviving?  <<>

Well, the majority opinion, in the paragraph noting
the existence of a circuit conflict on the question
presented, listed Bronx Household and Campbell (cert.
pending (til Monday of next week?)) as cases on the
restrictive side.  Moreover, immediately after
describing the conflict, the Court stated that it
granted cert. in order to resolve it.  I like to think
that Bronx is a deadletter.  Of course, it may have
some postmortem vitality, like the ghosts in Sixth
Sense that just don't realize that they have died (the
analogy breaks down because in the 2nd Circuit, it is
a collective of judges who have demonstrated a
consistent commitment to resisting equality for
religious use applicants for after hours school uses).

Jim "What, Are You STILL Here?" Henderson
Senior Counsel
ACLJ

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