Punt and Let the Defense Hold
I was having trouble thinking of something to write about this week, but along came the Supreme Court and all my problems were solved.
The court handed down two decisions yesterday regarding public display of the 10 Commandments. So, what did they decide; are religious displays on state property constitutional or not? The Supremes' answer: eh, maybe.
The court does this kind of thing every once in a while. They'll take multiple cases on the same issue, then decide them like Solomon: half one way, half the other. Usually, they do it on issues that are politically or culturally hot. It's a way of kicking the ball down the field and hoping it doesn't come back at them anytime soon. They know their decision(s) will leave the lower courts, not to mention people who have to try to conform their behavior to the law, in the lurch. They know it will probably result in more lawsuits on the subject, rather than less. But they just can't face up to the issue being contested.
It seems to me a better approach would be simply not to take the cases at all. Find a reason not to grant certiorari. There are lots of them available. I really don't know what it accomplishes to take multiple cases on an issue, then decide them half-and-half.
The court did, of course, find ways of distinguishing these two 10 Commandments cases. One was outside and one was inside. One was old and one was new. One was put up explicitly for the purpose of proselytizing, one was not. The first two distinctions are silly. The last one has some substance, but I remain unconvinced of its sufficiency as a basis for decision. (Admittedly, I haven't had time to read the full opinions yet.)
Here's hoping the culture wars cool down soon, so our highest court can feel safe deciding cases based on logic rather than diplomacy.
The court handed down two decisions yesterday regarding public display of the 10 Commandments. So, what did they decide; are religious displays on state property constitutional or not? The Supremes' answer: eh, maybe.
The court does this kind of thing every once in a while. They'll take multiple cases on the same issue, then decide them like Solomon: half one way, half the other. Usually, they do it on issues that are politically or culturally hot. It's a way of kicking the ball down the field and hoping it doesn't come back at them anytime soon. They know their decision(s) will leave the lower courts, not to mention people who have to try to conform their behavior to the law, in the lurch. They know it will probably result in more lawsuits on the subject, rather than less. But they just can't face up to the issue being contested.
It seems to me a better approach would be simply not to take the cases at all. Find a reason not to grant certiorari. There are lots of them available. I really don't know what it accomplishes to take multiple cases on an issue, then decide them half-and-half.
The court did, of course, find ways of distinguishing these two 10 Commandments cases. One was outside and one was inside. One was old and one was new. One was put up explicitly for the purpose of proselytizing, one was not. The first two distinctions are silly. The last one has some substance, but I remain unconvinced of its sufficiency as a basis for decision. (Admittedly, I haven't had time to read the full opinions yet.)
Here's hoping the culture wars cool down soon, so our highest court can feel safe deciding cases based on logic rather than diplomacy.
posted by juvenal_urbino | 2:43 PM
2 Comments:
Here's the opinions:
10 Commandments voted out -
10 Commandments voted in -
Thanks, DeJon.
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