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Barry,  I agree.  The confirmation hearings produced little when it came to clear and direct answers from Elena Kagan about her judicial philosophy – specifically how she views church/state issues. I can’t help but recall the words she used in a 1995 law-journal article.  After serving on the Senate Judiciary Committee staff during Justice Ruth…

Jay, I think you know how I feel about the National Day of Prayer decision. I think it’s a good one and I hope it sticks. Let’s turn now to other current events. The Senate Judiciary Committee proceedings have come to an end, and now we must wait to see if Elena Kagan will be…

Jay,   Like Supreme Court Justices Alito, Scalia, Roberts and Thomas, you have characterized this case all wrong. You write that the majority’s decision is flawed because it has denied the Christian Legal Society (CLS) its fundamental right to religious freedom and freedom of speech. You said that CLS and other student groups at Hastings…

Barry,   This decision is both disappointing and troubling.  By a vote of 5-4, the Supreme Court dealt a damaging blow to First Amendment law for religious organizations in the case of  Christian Legal Society v. Martinez.    The Supreme Court was presented with the following question: “May a public law school condition its official…
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