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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Supreme Court looks likely to break the wall of separation between church and state
They don't seem to have any idea what to replace it with, though.
Ian Millhiser
Feb 27, 2019, 1:13 pm
It is likely, but not entirely certain, that there are five votes on the Supreme Court to overrule Lemon v. Kurtzman, a nearly half-century-old precedent preventing the government from advancing religion. It is also all but certain that the court will uphold the so-called Peace Cross, a 40-foot tall, cross-shaped monument in Maryland. One or two of the liberal justices may even join an opinion favoring the cross, which was erected to honor fallen soldiers from the First World War.
Yet, while several members of the court seemed eager to blow up much of the law preventing the government from advancing a particular faith in two consolidated cases argued on Wednesday American Legion v. American Humanist Association and Maryland-National Capital Park and Planning Commission v. American Humanist Association it is far from clear what will emerge to replace the toppled precedents.
True to form, Neil Gorsuch staked out the most radical possible position, at one point suggesting that plaintiffs who challenge government endorsements of religion shouldnt be allowed to sue in the first place. As a general rule, a plaintiff must show that they were somehow injured by the party they are suing in order to file a lawsuit, a requirement known as standing. Yet Gorsuch suggested that no plaintiff may have standing to challenge a religious display on government property because their only injury is that they take offense to the display and mere offense isnt enough.
Later in the argument, Gorsuch criticized the courts holding in Lemon, a 1971 decision holding that laws must have a secular legislative purpose, a primary effect that neither advances nor inhibits religion, and that the law cannot foster an excessive government entanglement with religion. This test, according to Gorsuch, fostered a welter of confusion among the lower courts, and thus its time to thank Lemon for its service and send it on its way.
https://thinkprogress.org/supreme-court-peace-cross-church-and-state-5a184c8660bb/
lark
(23,138 posts)and appoints 2 different justices to counteract their influence if SCOTUS supports drumpfs actual violation of the constitution.
turbinetree
(24,710 posts)everyone of the justices that where placed on the bench should be removed, and every district and appellate judge that went through the sham process the last three years should be annulled, and that the current senate majority leader should be impeached for violation of the Constitution, and everyone and I mean everyone that voted to sit these judges should be impeached or voted out of office.............................the rule of law was dismantled..........................
lark
(23,138 posts)If only there were true justice in this country, it would happen.
BSdetect
(8,998 posts)AncientGeezer
(2,146 posts)by a Democratic POTUS.
Certainly not a Constitutional violation.
President Obama didn't call the lack of hearings on Judge Garland an "emergency".
He knows the Constitution....he knows how it works.
lark
(23,138 posts)of an emergency anymore, presidents can use this at will when congress doesn't rule their way. Repugs are saying an emergency is whatever the president deems to be an emergency, facts don't matter - so why not put in 2 new SCOTUS when the others were placed in office by a criminal?
AncientGeezer
(2,146 posts)Nothing "illegal" or Unconstitutional was done....Gorsuch and Kav are there 'till they die or retire.
lark
(23,138 posts)and that he totally lied about his past. Dems can get PI's to gather up all of Dr. Ford's witnesses and then impeach him for lying to Congress because it's a fact. Of course, this can't happen until we get a Dem president to replace him.
Moostache
(9,897 posts)It is meant to offend them all, but hey, "mere offense" is not sufficient for standing, right?
You may try to convict me for vandalism, destruction of property or the like, but no hate crimes or discrimination, right?
Eat shit and die Christo-fascist POS.
I am also going to petition that in addition the bastardized Pledge of Allegiance, we begin every school day with a symbolic bow to Mecca and a Wiccan fertility celebration followed by a Rabbi blessing the day's lunches to make sure no shellfish are being served and inadvertently damning the innocents...after which all other religions/sects shall be granted 30 seconds to have their rituals recognized by the state as well. By the time we're done with that, it will be time for summer vacation and there will be no need to worry about educating children at all! Problem solved. Praise Jeebus!
elleng
(131,028 posts)Obama Judges Rule Cross Monument Must Go, Showing Elections Do Have Consequences.
https://www.westernjournal.com/obama-judges-rule-cross-monument-must-go-showing-elections-do-have-consequences/