The court’s six-member majority completely abandoned the 1971was itself a lemon that deserved to be squeezed out of existence.
This case involved Washington state public high school football coach Joseph Kennedy, who for years had prayed silently and alone at midfield after every game. Only when the school suddenly ordered him to stop, making the act a public controversy, did players, usually from both teams, begin to join Kennedy in his prayers — and then only voluntarily.Setting aside the particulars of this case, the larger question was whether the majority would do asentirely.
The question is not merely academic.
Those wanting something more explicit found it, interestingly enough, in Justice Sonia Sotomayor’s dissent. Sotomayor and her two fellow Supreme Court liberals spent one section defending” and once that it “completely repudiates” it.court-invented three-part test, then, Gorsuch and his five colleagues offer an empirical analysis of historical practices and understandings as a way to judge whether a government entity has violated the First Amendment by becoming too enmeshed in promoting religion.
An assistant coach’s noncoercive prayer, during a postgame interlude in which school policy otherwise offers him some free moments, burdens nobody. And his constitutional right to free exercise of religion merits respect. From the sour situation of Kennedy’s wrongful job loss, the Supreme Court just made lemonade.
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