Vincent Philip Munoz explains how the pronouncements of Justices Sandra Day OConnor and John Paul Stevens encourage frivolous lawsuits like the one filed by Michael Newdow against prayer at President Bushs inauguration. Heres a taste:
Justice OConnor has opined that the First Amendment prohibits governmental acts that "endorse" religion or cause nonbelievers to feel like "outsiders" in the political community. In 2002, Justice Stevens voted against Clevelands school voucher program because it would "increase the risk of religious strife" between people who disagree on religious matters. If this years inauguration follows the form of Mr. Bushs last one and includes invocations delivered by religious ministers, it would not be unreasonable to conclude that it fails Justice OConnors and Justice Stevenss Establishment Clause tests.
Church-state jurisprudence today is infected by modern-day squeamishness about public expressions of piety. This is a departure from, not the fulfillment of, Americas earliest constitutional traditions. The public recognition of God, in fact, was part of those traditions from the beginning.