As they did with the Raich and Kelo decisions, SCOTUSBlog has put together a group of eminent scholars to discuss today's Ten Commandments decisions. The list includes Doug Laycock (Texas), Sanford Levinson (Texas), Marty Lederman, Rick Garnett (Notre Dame), Jack Balkin (Yale) and several others. Well worth reading for us court watchers.
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In his first post on the SCOTUSblog's Ten Commandments mini-blog, Marty Lederman suggests that the Ten Commandments cases are of dubious importance and perhaps even damage the cause of separation. I think the arguments are plausible. First, quoting Ann Althouse:
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THE 10 COMMANDMENTS WILL SURVIVE ALL ATTEMPTS TO UNDERMINE THEM. MOST OF THE LAWS ARE FROM THESE COMMANDMENTS. THE HOME AND CHURCH ARE PLACES WHERE THEY MAY BE TAUGHT. GOVERNMENT IN THE U.S. SHOULD BE NEUTRAL. THE 10 COMMANDMENTS ARE STRONG ENOUGH TO CARRY THE WORLD WITHOUT GOVERNMENT INTERFERENCE. KEEP GOVERNMENT WITHOUT RELIGIOUS REFERENCE. MEN OF GOOD WILL SHOULD HOLD OFFICE WITH RELIGIOUS TEACHINGS AND GUIDE A NEUTRAL GOVERNMENTS BUSINESS FOR THE COMMUNITY AND THE NATION. ONLY MEN OF ILL WILL WILL DEGRADATE GOVERNMENT AND RELIGION.