The Roberts Court
Douglas Laycock
DLaycock at law.utexas.edu
Tue Jul 25 12:50:41 PDT 2006
I would also add that he won't change his vote on the creche in Allegheny County.
Douglas Laycock
Alice McKean Young Regents Chair in Law
The University of Texas at Austin
Mailing Address:
Prof. Douglas Laycock
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109
________________________________
From: religionlaw-bounces at lists.ucla.edu on behalf of Ed Brayton
Sent: Tue 7/25/2006 2:43 PM
To: Law & Religion issues for Law Academics
Subject: Re: The Roberts Court
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
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