Jay,

I think you know how I feel about the National Day of Prayer decision. I think it’s a good one and I hope it sticks.

Let’s turn now to other current events. The Senate Judiciary Committee proceedings have
come to an end, and now we must wait to see if Elena Kagan will be confirmed as
the newest Supreme Court justice.

I’m not sure how you feel, but I for one wish we could have
learned more about where Kagan stands on crucial church-state issues.

Americans United called on the Senate Judiciary Committee to
question the Supreme Court nominee on her views concerning a range of
church-state issues. On June 23, AU sent a letter to Committee Chairman Sen.
Patrick Leahy and ranking minority member Sen. Jeff Sessions. In the letter,
Americans United asked the senators to question Kagan about specific records
stemming from her service in the Clinton administration and her testimony to
the Senate during her confirmation hearing as solicitor general.

Senators Dianne Feinstein (D-Calif.) and Benjamin Cardin
(D-Md.), in particular, raised questions in the hearing relating to Kagan’s
views of church-state separation and religious liberty.

Unfortunately, Kagan
was not asked the more specific questions raised in AU’s letter, and she was
quite general in most of her answers.  (For example, she refused to share
her thoughts on the recent Supreme Court decision in Christian Legal Society
v. Martinez).

I guess we’ll just have to wait and see what happens. If she
is confirmed, we will surely learn where she stands on religious liberty issues
when the court next term hears Arizona Christian School Tuition Organization
v. Winn. The case deals with the constitutionality of an Arizona
tuition-tax credit program that benefits religious schools.

It should be interesting.
 

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