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| | ::::I just went and found this document mentioned in the new intro, and was pleasantly surprised to find that it is not unreadable due to jargon and legal stuff no ordinary person can understand. While I don't support ADF's decision to not take a stand, I'm not surprised either They are focusing on free speech, the sanctity of life, and freedom of religion. Anyway, I set to reading through it, and found the quote Andy posted on the main page. I also found this interesting quote:<br /> | | ::::I just went and found this document mentioned in the new intro, and was pleasantly surprised to find that it is not unreadable due to jargon and legal stuff no ordinary person can understand. While I don't support ADF's decision to not take a stand, I'm not surprised either They are focusing on free speech, the sanctity of life, and freedom of religion. Anyway, I set to reading through it, and found the quote Andy posted on the main page. I also found this interesting quote:<br /> |
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| − | ::::''There is simply no justification for barring the Executive | + | ::::''There is simply no justification for barring the Executive Branch’s implementation of its immigration and national security policies based on tweets, public relations puff, and video posts. Courts are not empowered to sift unofficial and passing comments in search of evidence discrediting officials’ heart of hearts.'' |
| − | Branch’s implementation of its immigration and | |
| − | national security policies based on tweets, public | |
| − | relations puff, and video posts. Courts are not | |
| − | empowered to sift unofficial and passing comments in | |
| − | search of evidence discrediting officials’ heart of | |
| − | hearts.'' | |
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| − | ::::As you read on, it seems that their explanation for not taking an official stand, however, is the Lemon test. They argue that although ADF is a religious organization, the Establishment Clause should not apply to them in this situation. The Lemon test has tainted the meaning of the Establishment Clause, and deviates from its true purpose. They say that "Lemon, as modified by the endorsement test, is flawed at its foundations. It trades objective fact for subjective intent—and even then not officials’ actual intent or purpose but what a fictional observer might wrongly believe that intent to be." | + | ::::As you read on, it seems that their explanation for not taking an official stand, however, is the Lemon test. They argue that although ADF is a religious organization, the Establishment Clause should not apply to them in this situation. The Lemon test has tainted the meaning of the Establishment Clause, and deviates from its true purpose. They say that "''Lemon, as modified by the endorsement test, is flawed at its foundations. It trades objective fact for subjective intent—and even then not officials’ actual intent or purpose but what a fictional observer might wrongly believe that intent to be.''" |
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| | ::::Admittedly, I did not read all of this filing, but I did go through a good portion. It can be found here: [https://www.supremecourt.gov/DocketPDF/17/17-965/37018/20180228140831007_2018.02.28%20TvH%20Amicus%20Brief%20of%20Alliance%20Defending%20Freedom%20FINAL.pdf] | | ::::Admittedly, I did not read all of this filing, but I did go through a good portion. It can be found here: [https://www.supremecourt.gov/DocketPDF/17/17-965/37018/20180228140831007_2018.02.28%20TvH%20Amicus%20Brief%20of%20Alliance%20Defending%20Freedom%20FINAL.pdf] |
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| − | ::::It sounds to me like they are saying there is not reason for Trump's order to not be upheld based solely on personal words of officials. However, they do not believe that they are allowed to take an offical stand, due to the Lemon test. Am I misunderstand this? --[[User:DavidB4|<font color="ForestGreen">David B</font>]] <sup>([[User talk:DavidB4|TALK]])</sup> 19:01, 25 June 2018 (EDT) | + | ::::It sounds to me like they are saying there is not reason for Trump's order to not be upheld based solely on personal words of officials. However, they do not believe that they are allowed to take an official stand, due to the Lemon test. Am I misunderstand this? --[[User:DavidB4|<font color="ForestGreen">David B</font>]] <sup>([[User talk:DavidB4|TALK]])</sup> 19:01, 25 June 2018 (EDT) |