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Jay, I must say publicly what I told you privately after the oral argument in the Pleasant Grove City v. Summum argument.  You did a very fine job.  You also know, though, that I believe it was a great job defending an indefensible position. Several of the justices join you in one fundamental error: religious…

It was an hour of spirited, lively debate before the Supreme Court.  And, now that oral arguments have concluded and the case is in the hands of the Justices, I am hopeful that the Supreme Court will determine that the appeals court got it wrong and uphold the authority of Pleasant Grove City, Utah to…

Your latest post on Summum should make it clear to lawyers and non-lawyers alike that this case was, is and should forever be seem as a case about whether the government can prefer some religions over others and promote their preferred messages. If, as you put it, Pleasant Grove is “engaging in government speech which…

Barry, as you note, the Summum group did not bring an Establishment Clause challenge in this case.  In this First Amendment case, we believe the Supreme Court is faced with an easy choice:  preserve sound precedent involving the well-established distinction between government speech and private speech – or permit a twisted interpretation of the Constitution…
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