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Richard S. Russell's avatar

I'm reminded of another instance in which the Supreme Court abandoned any pretense of having standards: obscenity. Justice Lewis Powell averred "I know it when I see it." That meant that every allegation of obscenity ended up at the Supreme Court, so that the justices could in fact do just that: see it for themselves. Justice Thurgood Marshall, sensibly, just sent his law clerks to watch the porno flix, with the instruction to rule them obscene if they displayed any erect penises — which basically meant he had his own standards. Everybody else was all over the map. And of course the lower courts had no guidance at all, so they kept sending all their obscenity cases up the line to the Supremes, which eventually started thinking of themselves as the national board of censors.

Bottom line: It's good to have clear standards, and that's exactly what the Lemon Test provided. Without it, what's the current Subprime Court going to do? What do they have to replace it with? Coin flips? What are lower courts supposed to do in the absence of cogent judicial precedents? Recommend which kind of coin to use?

This is what happens when a minority president gets to make no fewer than 3 appointments to a 9-member court and chooses to pander to his right-wing fundagelical constituency for each and every one of them.

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Troublesh00ter's avatar

𝑊𝑒 𝑎𝑟𝑒 𝑓𝑎𝑐𝑖𝑛𝑔 𝑎 𝑐𝑟𝑖𝑠𝑖𝑠 𝑖𝑛 𝑡ℎ𝑒 𝐶𝑖𝑡𝑦 𝑜𝑓 𝑂𝑐𝑎𝑙𝑎 𝑎𝑛𝑑 𝑀𝑎𝑟𝑖𝑜𝑛 𝐶𝑜𝑢𝑛𝑡𝑦 𝑡ℎ𝑎𝑡 𝑟𝑒𝑞𝑢𝑖𝑟𝑒𝑠 𝑓𝑒𝑟𝑣𝑒𝑛𝑡 𝑝𝑟𝑎𝑦𝑒𝑟...

REALLY? Okay, answer me this question: exactly WHEN did prayer and PRAYER ALONE ever solve a serious community or city problem? And I'm talking about a situation where prayer was the ONLY ACTION TAKEN in the face of a given situation.

I'm waiting...

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