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A fractured Supreme Court yesterday decided to remand–or send back to the lower court–the contentious case involving a congressional “land swap” that allowed the Veterans of Foreign Wars to keep a cross up in the Mojave National Preserve. Justice Anthony Kennedy wrote the plurality opinion that noted that the federal district court that initially decided…

When all is said and done, Jay, I’m not sure either one of us learned what we wanted to from the hearings. Many issues were discussed ad nauseum; others virtually untouched.  (The Washington Post did any excellent analysis of this in its print edition on Sunday).  I was impressed by Judge Sotomayor’s demeanor, even when…

Jay, give me a break.  Four of the nine Justices of the Supreme Court yesterday reached the same conclusion that Judge Sonia Sotomayor did as a judge on the Second Circuit Court of Appeals.  The other five reached an alternative conclusion.  So, are you suggesting that Judge Sotomayor is out of the judicial mainstream?  Or…

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…
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