E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Yeah, but you're getting off too easy there, Jack. The truly difficult question -- the one that's dividing the Court-watching community (if you can call 17 people a "community") -- is: *Which* five? In particular, what will she decide about the prohibition on coveting thy neighbor's ox?
To be precise, Justice Scalia, joined by three other justices, writes an opinion upholding the display of the Ten Commandments, while Justice Ginsburg, joined by three other justices, writes an opinion banning their display. Justice O'Connor, writing seperately, joins Justice Ginsburg as to Parts I, III, V, VII and IX, and Justice Scalia as to Parts II, IV, VI, VIII and X.
Unfortunately, as Justices Scalia and Ginsburg use different versions of the Ten Commandments, no one knows which commandments are kosher.
Kennedy will say that they are unconstitutional because young people might see them and it would stunt their "potential to attain a mature understanding of his own humanity."
What Kennedy, Breyer and the rest of their one-world Socilaist should just say is this, if they were beign honest.
We rule the display of the 10 Commandments unconstitutional because we want to be more accepted at our summer junkets in Europe and our desire that the law professors at Yale, Harvard, and NYU speak of us in more reverent terms. After all, the posting of them will eventually incite the religious hatred that permeates most of the world. Their provactive nature would cause more hatred of the United States in the Muslim world for our insensitivity. If they are on display on Kentucky, the people of Yemen may feel unwelcome to visit or illegally immigrate one day, denying their rights under the hate crime laws of Sweden and Canada. The Constitution obviously is offended when Yemenis are, and accordingly we order they be taken down immediately.
BREYER, J. Concurring in the judgment.
I write seperately to emphasise for law professors everywhere that it is me, Kennedy, Ginsburg, Stevens, and Souter who made up the majority, not those zealots Scalia, Thomas, and Rehnquist. Please praise us and criticize them accordingly. I also remind my European friends of my own enlightenment.