DOJ gives up on prison program

Over at Balkinization, Marty Lederman writes:

DOJ Comes to Its Senses on Faith-Based Prison Program

Marty Lederman

Several months ago, I argued here that the Department of Justice's proposed "residential multi-faith restorative justice program" entitled Life Connections was "manifestly unconstitutional in several respects." I wondered how the Office of Legal Counsel could possibly have signed off on this program.

Well, it appears that someone -- probably in OLC -- has thankfully had some sober second thoughts. On Thursday, DOJ cancelled the program "in its entirety."

[NOTE: This blatantly unconstitutional federal program did have the virtue of raising one very interesting and important constitutional question: Whether the state may ever attempt to promote religious faith or transformation, even (or especially) as a means of advancing secular ends (e.g., rehabilitation, cessation of alcohol dependence, etc.) that the state suspects to be correlated with faith.

I discussed that question with Rick Garnett and Doug Laycock here -- with links to additional thoughts from Steve Shiffrin and Rob Vischer.]