Talk:Lemon test

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Warren Burger

I note that there has been a bit of a battle in relation to the assertion in this article that the late Chief Justice Burger made an admission to one Andrew Schlafly (who I assume is Aschlafly) during a dinner conversation in 1991. I note that one editor removed the sentence claiming that it was hearsay. That is clearly not so (in fact it is one of the few pieces of information on the site that is not hearsay in one form or another). Others have also tried to remove the sentence.

Whilst the sentence is anything but hearsay, it should be removed. Firstly it is essentially irrelevant. A judgment is a judgment. Whether the author of the judgment anticipated how widely it would be used is not a matter of any legal importance whatsoever. In fact it is highly doubtful that any judge would be able to predict with a high degree of accuracy what legal changes might develop from their judgments.

Perhaps, even more fundamentally though, what concerns me is that the posting of this presumably private dinner discussion is that it is not the act of a gentleman. --Gridley 00:12, 21 November 2007 (EST)

Nothing improper about this at all, particularly since Warren Burger has been deceased for many years.--Aschlafly 00:26, 21 November 2007 (EST)

What's improper is attributing an opinion to a dead person without a quote from a reputable source. Suzismoothmoves 03:17, 10 February 2008 (PST)