Decalogue Decisions

While the texts of the two Ten Commandments decisions are not yet available on line, I have read a number of news reports on the internet media services. From one perspective, it seems (and I emphasize this point) that the majorities in both cases endorsed an analysis reflecting what I call “the formulaic calculus of the candy canes” from the Rhode Island crèche case. Whilst the Court still does not offer some proportion regarding the legal percentage of religious items in a display, it would once again appear that if the secular outnumbers the religious items, the display passes Constitutional scrutiny. In the case from Texas, the ratio is 16 or 17 non-religious items to the one religious item. I have not been able to determine what else graced the halls of the courthouse in the Kentucky case. In this context, I find what seems to be at the core of Justice Scalia’s concern to have merit: how does such a ruling serve the rule of law and the development of a principle that can be uniformly applied? The point is highlighted by the fact that the Court appears to indicate that the legality versus the illegality of the display must be ascertained on a case-by-case basis. Like other MOJ participants, I look forward to reading the opinions when they become available. I am certain the subsequent commentary will be enriching.  RJA sj