:: welcome to

NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


"Scalialicious!"
-- Eve Tushnet


"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


"The preeminent Scalia blog"
-- Underneath Their Robes


 Subscribe in a reader



Site Feed


Also please visit my opera blog, Box Five!

    follow me on Twitter



    Bloglinks:

    Above the Law, by David Lat

    Balkinization

    CrimLaw

    Duncan's Con Law Course Blog

    Eve Tushnet

    Eye of Polyphemus, by Jamie Jeffords

    How Appealing

    Hugh Hewitt

    Justice Thomas Appreciation Page

    Legal Theory Blog

    Lex Communis

    Opinio Juris

    Overlawyered.com

    Paper Chase (from JURIST)

    Point of Law (Manhattan Inst.)

    Professor Bainbridge

    Public Discourse

    Redeeming Law, by Prof. Mike Schutt

    SCOTUS Blog

    Volokh Conspiracy

    WSJ Law Blog





    Other fine sites:

    Alexander Hamilton Inst. for Study of Western Civilization

    Ave Maria School of Law

    Center for Thomas More Studies

    Family Defense Center

    The Federalist Society

    The Founders' Constitution

    George Mason University School of Law

    Immigration and Refugee Appellate Center

    Judged: Law Firm News & Intelligence

    JURIST

    Law Prose (Bryan Garner)

    Liberty Library of Constitutional Classics

    National Lawyers Association (alternative to ABA)

    Supreme Court decisions

    The Weekly Standard



    Something I wrote about marriage


    lawyer blogs


    [::..archive..::]
    ::

    :: Wednesday, February 25, 2009 ::
    Summa is icumen in: the Court knocks one out of the park!

    Summa decision: A government monument on government space is government speech; it does not turn the space in which it is placed into a "forum" requiring "equal space" for other, conflicting monuments.

    This case was argued, on behalf of the city of Pleasant Grove City, UT, by the American Center for Law and Justice.

    Thus, subject to Establishment Clause restrictions,* governments may set up (e.g.) Ten Commandments monuments, without thereby taking on an obligation to "accept" equally-sized monuments from every sect that may wish to deposit one.

    The opposite result -- devoutly wished by those who dislike public Ten Commandment monuments -- would have led to their "voluntary" removal, as the better alternative to turning public parks into monument dumping-grounds.

    A remarkably consensual outcome, too, though with multiple concurrences.

    *As to those restrictions, Our Hero has something to say in his concurrence (joined by Justice Thomas):
    Even accepting the narrowest reading of the narrowest opinion necessary to the judgment in Van Orden [allowing, against an Establishing Clause challenge, a Ten Commandment monument on the grounds of the Texas State Capitol], there is little basis to distinguish the monument in this case: Pioneer Park includes “15 permanent displays”; it was donated by the Eagles as part of its national effort to combat juvenile delinquency; and it was erected in 1971, which means it is approaching its (momentous!) 40th anniversary.

    The city can safely exhale. Its residents and visitors can now return to enjoying Pioneer Park’s wishing well, itshistoric granary—and, yes, even its Ten Commandments monument—without fear that they are complicit in an establishment of religion.

    :: David M. Wagner 11:40 AM [+] ::
    ...

    Site Meter
    This page is powered by Blogger. Isn't yours?