Tuesday, May 13, 2014
Schragger on Localism, the Establishment Clause, and Town of Greece
In a post last week on the Town of Greece v. Galloway decision and the "geography of church and state" (TM), I wrote to express my hope that Rich Schragger of UVa would say something about these issues. Once again, Prawfs gets results. Rich had this interesting post on the issue last Thursday. Like all his stuff, it's worth reading.
I think, based on his writings on these issues, that we come out in different places on the Establishment Clause and localism at the end of the day. I tend to think, perhaps in the teeth of the constitutional text (at least as some read it), that local "establishments" are more worrisome and more in need of judicial oversight, in light of the lumpy demographics of religion on the ground, than national "establishments." But Rich has written more and better things on this issue than I have, and I always learn from and am challenged by his work in this area. And I agree with him on a central point of his post: that the nature and role of local governments in Establishment Clause cases like Town of Greece is generally, and wrongly, treated by the courts and by many advocates on the issue as "incidental and not central." Read Rich's post.
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