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March 21, 2017
Of law, judges have to mediate to competing and important values that our society holds dear. the court has struggled and in establishment clause jurisprudence to provide a consistent and comprehensive te. i think that is a fair statemen statement. the current dominant test is called the lemon test, and it asks whether the intent is to establish a religion, promote a religion, whether the effect is to help advance religion, and whether there is too much entanglement between state and religion. i...
March 21, 2017
It is a matter of fair notice and due process. the other part again is the separation of powers considerations. if i start importing my feelings, if i treat statutes or laws as workshop inkblot test, i usurped your role. i have taken away the right of self-government by the people for the people. took a drug to the lincoln memorial the other morning before the start of all of this, second inaugural address. there it is. believe in government for the people and by the people. gosh, that is the ge...