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Lynn v. Sekulow

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…

Pleasant Grove City, Utah, has a website.  It also has a park.  In that park is a monument containing the Ten Commandments.  Some years back, a religious group called Summum asked to put up its own monument in the same park.  Summum’s beliefs are encapsulated in what are called the “Seven Aphorisms.”  The city rejected the…

President-Elect Obama is rapidly moving to get up to speed on the many issues he is facing.  It’s clear that the economy, which was by far the key issue in the election, is also front-and-center in this post-election/pre-inauguration window.  And, certainly after the Obama Administration begins governing and the 111th Congress is seated, most of…

Before I suggest that readers take a look at a more detailed post-election document, I wanted to note something about your last post.  If prayer is to be taken seriously, we have to know what the praying is for.  I’m always skeptical of signing on to a prayer train when I don’t know where it…

With the history-making election of our first African-American president, Barack Obama begins an important transition time leading up to the inauguration in January.  He will face many challenges – a faltering economy, the need to protect our great nation from those who want to destroy us, and guiding our nation during a time of war.…

Barry, you’re right about the volume of election predictions.  Everyone has a prediction and while your pre-election analysis is interesting, the fact is that anything can happen in this election.   There is one thing that you don’t need a crystal ball for in this election – that is the voter turnout that is expected.…

The blogosphere is filled with them: predictions about the outcome of Tuesday’s election.  Although a Google search indicates there are even ones made by monkeys, a quick examination of the first few hits indicates this could be a put on. Look, Jay, since no trees die in cyberspace, I’m going to add to the volume. …

It is usually legal “conservatives” who claim that appealscourts often “make” law, not interpret it.  Well, two of the three judges on the panel of the EleventhCircuit seem to have wildlymisinterpreted the key basis for the only Supreme Court decision which did uphold onespecific kind of “legislative prayer” and created a new standard out of…
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