Cert Grant in Summum

[JMHACLJ at aol.com]

I understand Dan's point regarding Justice Breyer in the resolution of the  
Establishment Clause issue.  But in this case, counsel for Summum has not  
claimed a violation of the Est. Cl.  Instead, his arguments and the claims  of the 
complaint have been based on the alleged violation of the right to  freedom 
of speech.
 
Can the Establishment Clause question that is not included or presented  
derail this otherwise straightforward question of whether Pleasant Grove has  
created a forum for the display of privately donated monuments?  Well,  never tell 
the justices they cannot do what they decide to do.  But in  order to get to 
the Establishment Clause questions, they will have to go outside  of the 
Questions Presented on Certiorari, outside the scope of the decisions  below, and 
outside the claims made by the Plaintiff.
 
Jim Henderson
Senior Counsel
The American Center for Law and Justice, Inc.



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