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Jay, I’m certainly aware that some of the most “liberal” justices on the Supreme Court agree with your arguments in some cases. I even agree with your arguments in a few cases. My question to you earlier, though, was why, in Establishment Clause challenges, you claim she is “very, very strict” (as indicated in the aforementioned television appearance). Are there decisions she has made to lead you in that direction? As I pointed out earlier she has rather moderate views in the few cases she has examined that touch on this important issue. Am I missing something?
Of course, we all want America to know about her “judicial philosophy”, but Judiciary Committee hearings, with time limits and political posturing by some Senators, is rarely a way to get a coherent view. The best thing we have is the record before us. And, then, on occasion nominees just say what they need to say in order to get confirmed. Remember, Clarence Thomas said he was a big supporter of the separation of church and state. In turns out, he must have been supporting that construct from some other nation’s (perhaps some other planet’s) legal system.