Thursday, August 21, 2003

Judge Moore

Jack Balkin has an interesting post about the history of and relevance of the Establishment clause in the constitution to the current situation Alabama. In particular he addresses the fact that Alan Keyes has endorsed the notion that states should be able to establish their own religions. Balkin explains why this is bad law and bad policy, but one thing he doesn't address (note he's the really smart lawyer and I am not) is that even if one thinks, as Keyes does, that states do still have the right, that would seem to be the job of the state legislature and not a lone judge.