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The judicial politics of bad faith


In a particularly egregious battle in its war to hold that the Establishment Clause violates the First Amendment, today the Court not only overrules Lemon v. Kurtzman but holds that public schools must not only allowed but required to allow school officials to engage in demonstrative, disruptive sectarian prayers while engaged in their job duties at school events. As has been long been telegraphed, Gorsuch’s fwd: fwd: fwd: fwd: fwd: fwd: fwd: for the Court willfully mischaracterizes the facts of the case, as Sotomayor observes:

The result of the Court’s holding, needless to say, will be a diminution of religious liberty:

Which of course is the point; when given the choice between upholding traditional hierarchies and liberty, the Roberts Court is almost always going to favor the former. And the extraordinarily shoddy nature of the majority opinions — all three of the precedent-shattering landmarks the Court has issued over the last week are far worse in terms of craft that Blackmun’s allegedly uniquely poorly reasoned (but actually pretty typical mediocre Supreme Court work product) opinion in Roeis a major part of the point.

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