Floodwaters and Undermined Walls

[Marc Stern]

What the Establishment Clause in the abstract means is one thing;
whether as a practical matter any body would or should enforce the
maximum possible reading of the clause is something again. I have often
urged on the Jewish community some exercise of judgment over what issues
result in law suit. I have however been burnt more than once when those
urging greater permissible involvement of religion with government cite
the practice I have urged not be challenged as a mater of prudence  as
evidence  of a (de facto) concession that the constitution does not
enact a wall of separation. It takes no imagination at all to guess that
the next time that there is a law suit about official prayers, the
governor's call yesterday will be cited as evidence that the challenged
prayer is acceptable.  If Jim will agree not to so cite it, I am happy
not to challenge it and to urge others to do the same.

Marc Stern

________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of
ArtSpitzer at aol.com
Sent: Thursday, September 01, 2005 2:18 PM
To: FRAP428 at aol.com; religionlaw at lists.ucla.edu
Subject: Re: Floodwaters and Undermined Walls

 


In a message dated 9/1/05 1:48:47 PM, FRAP428 at aol.com writes:




Well, I know now what I always suspected.  If I cried out to Jim
Henderson for succor, he might well help me but one part of his mind
would be thinking or at least considering if he could use my suffering
to advance his agenda.  Frances Paterson




For all we know Jim has sent a bigger contribution to the New Orleans
relief effort than any of the rest of us.  If Jim were in Louisiana he
might be staffing a Red Cross shelter; my recollection is that he does a
lot of personal (non-legal) pro bono work here.  I doubt that any of us
who aren't near New Orleans are devoting 100% of our attention to the
suffering in New Orleans; I'm working on a brief.  I share
Gene at osolaw.com's view that there was nothing offensive about Jim's
post.

As to the proclamation, I do wish it had said something more like "My
family and I are praying, and I call upon those who wish to do so to
join us, and I call upon others to work and hope for relief from this
disaster in the way that's meaningful to them."  That wouldn't have been
so hard to say, would it?

Art Spitzer
ACLU

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