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November 21, 2005

Alito's paper trail looking good

From the New York Times...

During his 15 years sitting in Newark as a member of a federal appeals court, Judge Alito has sided almost uniformly with those who have complained vigorously in recent years that zealousness in enforcing the Constitution's separation of church and state has unfairly inhibited religious practices.

Judge Alito, President Bush's nominee for the Supreme Court, has ruled in favor of allowing local governments to set up Nativity scenes alongside nonreligious symbols and ruled against a school district that wanted to prevent an evangelical group from sending home fliers to elementary school children. He has also ruled in favor of Muslim police officers in Newark who said the department's policy against wearing beards violated their religious rights. Both supporters and opponents say he has the potential to become the most aggressive supporter of religious liberty on the court, moving it toward greater deference to religious practices.

"He is inclined to the view of the First Amendment that the government is not intended to be hostile to religion," said Douglas W. Kmiec, a law professor at Pepperdine University in California. "It is intended to be accommodating when it can."...

Eliot Mincberg, the legal director of People for the American Way, a liberal advocacy group, said Judge Alito's record demonstrates that he was "very solicitous when it comes to protecting the right of an individual to practice his religion, but not so solicitous of the right of people to be free of government-supported religion."

Gee, Eliot, you say that like it's something bad. Well, actually, none of the cases involved government supported religion. The only government supported religion is the religion of Evolution, which we are forced to fund through our taxes. But I don't think Eliot's all too worried about that, do you?

Posted by Danny Carlton at November 21, 2005 07:55 AM

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