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Monday, June 27, 2005

My thoughts on the 10 commandments and other cases are in comic form here
http://www.stripcreator.com/comics/arbi/294167 and here.

But i did want to pass along one cute response. I was on the phone with my ex,
who pointed out that the 10 commandments are foreign law, and scaliaphile conservatives hate it when the court pays attention to foreign law...

ok here's another, from scotusblog/discussions, a mr berg:
As my fellow religious-liberty scholar and litigator Carl Esbeck wrote recently in Liberty magazine: "That government has no authority to speak on inherently religious matters is a venerable First Amendment rule designed to protect organized religion-religion that should not want its prayers composed and symbols appropriated by Caesar. A religion that does not resist the state co-opting its sacred objects is flirting dangerously with becoming a civil religion, that is, a subordinate and uncritical booster of American nationalism." [not the libertarian liberty, but some religious magazine]
Esbeck was my con law prof at mizzou, competent. He's a christian-right type, and we often disagree, but I think he gets it right here. Trivia: Under the missouri court plan, when there is a vacancy on the state supreme court, a nonpartisan commission suggests thee names, and the governor picks one, and later they run for retention.
The commission usually names whoever the governor actually wants, some other distinguished lawyer, and carl esbeck. He's the susan lucci of the missouri supreme court.

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