In what religion clause areas might O'Connor's replacement make a difference?

Conkle, Daniel O. conkle at indiana.edu
Fri Jul 1 07:55:23 PDT 2005


Assuming O'Connor's replacement takes a more "conservative" view and is
willing to overturn precedent, in what religion clause areas would her
replacement make a difference?

Some quick ideas:

establishment clause, funding - no change as to indirect funding; some
change as to direct funding (Mitchell plurality would become a majority)

establishment clause, government expression, etc. - no change as to
school prayer; some change as to non-school symbolic displays, 10
commandments, etc.

free exercise - no significant change?

Dan Conkle
**************************************
Daniel O. Conkle
Professor of Law
Indiana University School of Law
Bloomington, Indiana  47405
(812) 855-4331
fax (812) 855-0555
e-mail conkle at indiana.edu
**************************************






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