Monday, June 27, 2005

Ten Commandments

Supreme Court today narrowly divided on 10 Commandments displays in split rulings.

The basics:

Monuments that are part of historical significance or have acquired historical meaning in the community are ok.

Monuments that are conspicuous, stand alone, and get complained about lots are likely to fall. I printed off the cases and intend to review tonight. But I have yet to find the real "hook" that provided the difference. I have read elsewhere that it is Justice Breyer who changed his vote, finding that in the first instance, there had been no complaints in 40 years. I have yet to find the principled difference between the two.