The Roberts Court

[Ed Brayton]

Volokh, Eugene wrote:

>	I was thinking about the Mt. Soledad case, but it may not be
>optimal from the conservatives' viewpoint, since it's an overtly
>Christian symbol.  The line Scalia drew in the Ten Commandments cases
>seemed to be between the Christian symbols and Judeo-Christian-Muslim(?)
>symbols, with the former generally not allowed and the latter allowed.
>The Mt. Soledad cross could still be upheld on some specific grounds,
>for instance that it's in context likely to be seen as a war memorial
>and not just a cross (I'm skeptical of that on the facts, but that's one
>possible argument) -- but these grounds may be too fact-specific to
>warrant full Court review.  So I'd think that the conservatives on the
>Court might prefer a more Ten-Commandments-like case.
>  
>
I would be more than happy to take bets on whether Scalia would redraw 
that line if the Mt. Soledad case reaches the court. I predict that such 
line-drawing will be non-existent in his judgement on that case.

Ed Brayton