April 9, 2011

ISN'T THAT AN OXYMORON?:

Justice Kagan Dissents (NY Times, April 9, 2011)

In the Supreme Court’s 5-to-4 ruling about a school-choice program in Arizona, Justice Anthony Kennedy’s opinion leaves intact a program that has disbursed almost $350 million of state funds, most of it to schools choosing students on the basis of religion.

The holding all but overrules a landmark decision of the Warren court, Flast v. Cohen. As Justice Elena Kagan says powerfully in her first dissent, “by ravaging Flast in this way,” the majority “damages one of this nation’s defining constitutional commitments.”


If it were powerful it would be the Court's opinion.


Posted by at April 9, 2011 6:04 PM
  

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