Thursday, August 8, 2013
Many of us were quick to criticize (and vindicated, I hasten to add) the Obama Administration's brief in Hosanna-Tabor v. EEOC, so I should be just as quick to praise the Solicitor General's brief in Town of Greece v. Galloway, the legislative prayer case that the Court will hear this upcoming term. The government argues that the Second Circuit's decision (per Judge Calabresi) holding unconstitutional the town's practice of legislative prayer should be reversed, though, as Lyle Denniston notes here, the SG's brief makes a narrow argument and avoids the thorny questions surrounding either the "limited public forum" doctrine or the application of the endorsement test to the case.
Those looking for a critical perspective on the endorsement test should consult this brief I have joined that was led by Gerry Bradley and aided by attorneys at Paul Hastings. Other signatories include our own Robby George, Helen Alvare, Hadley Arkes, George Dent, Matthew Franck, Mary Ann Glendon, and Steve Smith.