scotusblog.com - 11/13/2008
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Analysis
If a case does not fit within a constitutional pigeonhole, is there no other way to define it so that a legal dispute can be decided? That was the lingering question Wednesday as the Supreme Court tried to hack its way through a thicket of constitutional labels, with the legal fate ...
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The Supreme Court today
Betsy's Page —
... that has had a monument to the Ten Commandments since 1971. The 10th Circuit (natch!) had ruled that once the town put up the Ten Commandments monument that a private group had donated that they had created a public forum and couldn't discriminate against any religious group that wanted to put up its own monument. As Lyle Denniston summarizes for ScotusBlog , there seems to be some debate as to whether this is a Freedom of Speech issue or a Freedom of Religion. Part â perhaps most â of the Courtâs difficulty in pursuing a flexible basis for deciding the case ...
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