Friday, July 1, 2016
Another chapter in the political history of the Establishment Clause
The Style section of the Washington Post carries an article this morning with the headline "U.S. district judge strikes down Mississippi's 'religious freedom' law" (scare quotes in original). Buzzfeed is on the case also: "Federal Judge Halts Mississippi Anti-LGBT Law From Going Into Effect."
Thanks to Buzzfeed, the opinion is available here. But, really, do you need to read it? Don't the headlines tell you everything you need to know?
Well, I have read it. Portions of the opinion suggest a judge who understands himself to be operating at the center of a national drama of historically epic proportions. But reality is more prosaic. Judge Reeves has just written another chapter in A Political History of the Establishment Clause. And as for Equal Protection, there is an obvious tension between aggressive enactment of social change through constitutional litigation and judicial impartiality. But we've been living with that for a while.
If there is an appeal, I expect the case to be tossed for lack of standing.
https://mirrorofjustice.blogs.com/mirrorofjustice/2016/07/another-chapter-in-the-political-history-of-the-establishment-clause.html