David Strauss on the SCOTUS Decision that a Memorial Cross Can Stay on Public Land

Supreme Court: Cross Can Stand On Public Land In Separation Of Church And State Case

David Strauss, co-editor of the Supreme Court Review at the University of Chicago agreed, but said that there "are intimations" in the court's opinions that "a majority is willing to go quite a bit further in allowing the government to signal its support for religion in various ways."

He said that there are suggestions in the decision that if a practice was acceptable at the time the Constitution was written, those practices would be acceptable today.

"If that is what the court means," Strauss said, "that would be a big change, because the country is a lot more religiously diverse now than it was then" and "turning back the clock that way... would be a big deal."

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