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okaawhatever

(9,461 posts)
Mon May 5, 2014, 03:10 PM May 2014

Kagan Accuses Conservative Justices Of 'Blindness' To Secular Values

Justice Elena Kagan argued Monday that the Supreme Court went "far astray" from constitutional principles when narrowly ruling that a New York town may begin its public meetings with a prayer that tends to be Christian.

In her dissenting opinion against the 5-4 ruling, the Obama-appointed justice accused the court's conservatives of "blindness" to the secularism principles at stake, particularly the rights of religious minorities.

"I have no doubt that every member of this Court believes as firmly as I that our institutions of gov­ernment belong equally to all, regardless of faith. Rather, the error reflects two kinds of blindness," Kagan wrote. "First, the majority misapprehends the facts of this case, as distinct from those characterizing traditional legislative prayer. And second, the majority misjudges the essential meaning of the religious worship in Greece's town hall, along with its capacity to exclude and divide."

In the controlling opinion, Justice Anthony Kennedy decreed, "The town of Greece does not violate the First Amend­ment by opening its meetings with prayer that comports with our tradition and does not coerce participation by nonadherents." He argued that "nonbelievers" could "choose to exit the room during a prayer they find distasteful" and that they were in no way coerced into taking part in the prayer.

Continued at Link:
http://talkingpointsmemo.com/dc/elena-kagan-supreme-court-prayer-secularism

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Kagan Accuses Conservative Justices Of 'Blindness' To Secular Values (Original Post) okaawhatever May 2014 OP
I think justice Kennedy is senile... truebrit71 May 2014 #1
Is Obama senile also? ForgoTheConsequence May 2014 #2
Link, please. Thanks in advance. eom DonViejo May 2014 #3
Here. ForgoTheConsequence May 2014 #7
No, he's just a spineless panderer... truebrit71 May 2014 #4
Link please. I don't see where he's commented on the case. nt okaawhatever May 2014 #5
He commented last year. ForgoTheConsequence May 2014 #6
From the article/amicus brief: okaawhatever May 2014 #10
Hey it's true! Is this pretzel logic now going to bring back slavery? burfman May 2014 #11
Oh, forgot to mention, thx for the link. nt okaawhatever May 2014 #15
Not a problem. ForgoTheConsequence May 2014 #16
No, just short sighted! nt Logical May 2014 #12
No, it's the position he's held for decades. jeff47 May 2014 #13
"We ask our Heavenly Father to kill all the LGBT people and everyone else we hate. Zorra May 2014 #8
"...in no way coerced..." immoderate May 2014 #9
Good for her. K&R Jefferson23 May 2014 #14
And, the freaking irony is.. Cha May 2014 #17

okaawhatever

(9,461 posts)
10. From the article/amicus brief:
Mon May 5, 2014, 03:45 PM
May 2014
The friend-of-the-court brief filed by Donald Verrilli is worth a read (we've embedded it below.) In it, the Obama administration says the practice of praying before a meeting goes back to "the first session of the Continental Congress in 1774." What's more, one of the first order of business for the U.S. House and Senate is to select a chaplain.

The Supreme Court, the government argues, has also decided that prayer before a government meeting doesn't violate the First Amendment's Establishment Clause so long as it doesn't "endorse" religion.

The town of Greece stayed within these limits, the solicitor general argued, because it selected prayer leaders at random from the town's community guide.

The two community members suing the town disagree. They argue that all of the people asked to pray were Christian and even when they complained in 2008, the town continued the practice despite the fact that there is Buddhist temple and one Jehovah's Witness church within city borders.

burfman

(264 posts)
11. Hey it's true! Is this pretzel logic now going to bring back slavery?
Mon May 5, 2014, 04:18 PM
May 2014

Thanks for the link from NPR - didn't know that this was true. Is the administration and the courts pretzel logic now going to bring back slavery next because some of the founding fathers approved of it?

ForgoTheConsequence

(4,868 posts)
16. Not a problem.
Mon May 5, 2014, 11:43 PM
May 2014

I don't know if he believes what he says or not. Sometimes I feel like he does things so white, racist, tea bagger, evangelicals will like him. It's never going to happen.

jeff47

(26,549 posts)
13. No, it's the position he's held for decades.
Mon May 5, 2014, 04:45 PM
May 2014

O'Connor was the one holding back rulings like this. When she retired and was replaced with Alito, this ruling was inevitable.

Zorra

(27,670 posts)
8. "We ask our Heavenly Father to kill all the LGBT people and everyone else we hate.
Mon May 5, 2014, 03:44 PM
May 2014

In Jesus' name, amen."

I can see it now.

 

immoderate

(20,885 posts)
9. "...in no way coerced..."
Mon May 5, 2014, 03:45 PM
May 2014

Kind of like the "end of racism" fantasy. It's like no one ever read 1984.

--imm

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