I forgot to mention yesterday that I'm considerably amazed by the decision in
Locke v. Davey. The only thing unsurprising about it was that Thomas voted with Scalia.
You would have thought, using mathematical principles, that
Rosenberger v. Rector & Visitors +
Zelman v. Simmons-Harris = states required to include religious schools in state funded scholarship programs. I guess
Rosenberger will be seen merely as a speech case.
I have mixed feelings about the result. I feel like Maureen Stapleton in Johnny Dangerously after one of her sons got the death penalty for the other: "Thrilled for Tommy; sad for Johnny."
