« Can Dead Justices Vote? | Main | Justice Scalia and Election Law »

Sunday, February 14, 2016

Justice Scalia and the Blaine Amendments

Following up on Josh's post:  For about 20 years, I've been hoping for -- and sometimes trying to contribute to to bring about -- a Court decision to the effect that the "Blaine Amendment"-type provisions in state constitutions (which, in my view, needlessly discriminate against religious institutions) violate the Constitution of the United States.   The currently soon-to-be-argued Trinity Lutheran case appeared to be a decent candidate for a case that would produce such a decision.   However, given the votes of Justices Breyer and Ginsburg in Locke v. Davey and Zelman, it seems likely that they'll endorse the lower-court opinion in that case (which allowed to Missouri deny an "application for a grant of solid waste management funds to resurface a playground on church property").

Posted by Rick Garnett on February 14, 2016 at 06:37 AM in Constitutional thoughts, Rick Garnett | Permalink


The comments to this entry are closed.