NINOMANIA

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:: 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 [+] ::
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:: Thursday, February 12, 2009 ::

Judd Gregg withdraws as Commerce nominee -- no, he doesn't have tax problems: it's policy differences! Big one: politicization of the Census, in that Obama wants it run by the White House, instead of (as required by statute -- 13 U.S.C. secs. 2 and 4 -- thanks, Eugene Volokh!) by the Commerce Department.

As a believer in the unitary executive, I'm skeptical as to whether Congress has power to vest the Census in the Secretary of Commerce in such a way that the President isn't allowed to interfere. But if a President does interfere, the electorate may and should draw its own conclusions.

Another learned friend recalls that the first Bush administration became the target of a media squawkfest when a junior staffer in the White House merely asked someone at Commerce about the Census. It got to the point where the staffer was publicly denounced by the Secretary of Commerce and others. Adds my correspondent with grim humor: "I suppose the storm over Obama's plan will erupt any day now."

:: David M. Wagner 4:43 PM [+] ::
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:: Tuesday, February 10, 2009 ::

Geithner Says Bank-Rescue Plans May Reach $2 Trillion. Has he figured out what the income tax will be on that?

:: David M. Wagner 1:33 PM [+] ::
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:: Wednesday, February 04, 2009 ::

From Virginia Law Week Blog:

Regent moot team returns with honors

January 26th, 2009

The strong appellate advocacy program at Regent’s law school has struck again, returning from a national competition with a second place trophy and a best oralist honor for one of its participants.

Law students Lindsey Powdrell and Elizabeth Fabick carried the Regent colors to the invitation-only 2009 Moot Court National Championship in Houston. Powdrell was best oralist.

Powdrell and Fabick were coached by Regent Law professor Steven Fitschen.

By Peter Vieth

:: David M. Wagner 7:03 PM [+] ::
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