Tuesday, June 27, 2017

One bark on “Short Takes

  1. Re: State aid to churches

    The Court did attempt to limit the scope of this decision, noting that it only pertains to non-religious activities, i.e., upgrading/repairing a playground. TRINITY LUTHERAN CHURCH OF COLUMBIA, INC. v. COMER, DIRECTOR, MISSOURI DEPARTMENT OF NATURAL RESOURCES: footnote 3: “This case involves express discrimination based on religious identity with respect to playground resurfacing. We do not address religious uses of funding or other forms of discrimination.”

    Granted, this is only a footnote (and apparently, Roberts did not write it), but there is an attempt to limit the scope of the decision. Howevever, Sotomayor’s dissent is not optimistic on that score.

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