Tuesday, May 31, 2005
Supreme Court gets it right:
Arthur Anderson not guilty.
RLUPIA upheld in Cutter v Wilkinson, Ohio case about freedom of religion in jail.
Both of these were unanimous.
Cochran injunction lifted. 3 out of 3.
Ginsburg's opinion in Cutter is fairly straightforward. Allowing prisoners to practice their religions is not an unconstitutional establishment of religion.
Thomas, concurring, has doubts about whether RLPUI is commerce, but notes that the question hasn't been raised. One vote for Raisch? Thomas repeats his claim that the establishment clause is a federalism provision which should not be incorporated to the states. So viewed, ..well, he thinks this makes the easy case even easier.
Arthur Anderson not guilty.
RLUPIA upheld in Cutter v Wilkinson, Ohio case about freedom of religion in jail.
Both of these were unanimous.
Cochran injunction lifted. 3 out of 3.
Ginsburg's opinion in Cutter is fairly straightforward. Allowing prisoners to practice their religions is not an unconstitutional establishment of religion.
Thomas, concurring, has doubts about whether RLPUI is commerce, but notes that the question hasn't been raised. One vote for Raisch? Thomas repeats his claim that the establishment clause is a federalism provision which should not be incorporated to the states. So viewed, ..well, he thinks this makes the easy case even easier.
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