I’m delighted to report that Prof. Rick Garnett (Notre Dame) will be guest-blogging this week about his forthcoming First Amendment Law Review article, “Justice Breyer and the Establishment Clause: Notes on ‘Appeasement’, ‘Legal Judgment’, and Divisiveness'”. I’ve long found Justice Breyer’s Establishment Clause approach to be interesting (though ultimately on balance mistaken), and I’m particularly looking forward to Prof. Garnett’s analysis.
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