by Matt Barr

The world's tiredest argument

Richard Cohen in the Washington Post:

I wonder how Scalia himself would feel if, instead of the Ten Commandments, a representation of another religion were placed in the courthouse lobby. I wonder how he would feel if somewhere in America Muslims or Buddhists or Hindus became the majority and decided to change the prayer for the opening of court or hang a religious symbol -- one, of course, that the jurisdiction's lawyer would say was basically secular -- on the wall behind the judge. Would he feel comfy?

We used to make that argument in fifth grade. To try and rouse myself from the puddle of drool my face is in on my desk, though, and answer: I imagine Mr. Justice Scalia, a devout Catholic, would feel sort of uncomfortable. Happily, about three quarters of Americans subscribe to some denomination of Christianity, so a majority is unlikely anytime soon to get together and decide to have a Zoroastrian prayer to kick off the Court. If it did, having both read Scalia widely as well as knowing he's Catholic, I would say the evidence tends to prove he'd be foursquare behind the majority, so long as its action didn't amount to Congress making a law respecting an establishment of religion. But maybe being familiar with Scalia's jurisprudence is a barrier to true understanding, such as radiates from Mr. Cohen.

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