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A SALUTE TO JUSTICE BREYER'S CONCURRING OPINION IN \VAN ORDEN v. PERRY\
by
Fallon, Richard H.
in
Breyer, Stephen
/ Breyer, Stephen G
/ Capitols
/ Church & state
/ Clauses
/ Democracy
/ Dissent
/ ESSAYS IN HONOR OF JUSTICE STEPHEN G. BREYER
/ Establishment clause
/ Freedom of religion
/ Government
/ Judges
/ Judges & magistrates
/ Justice
/ Law
/ Legal judgments
/ Litigation
/ Monuments
/ Opinion
/ Preemption
/ Public buildings
/ Religion
/ State
/ State court decisions
/ Supreme court
/ Supreme Court decisions
/ Supreme Court justices
/ Supreme courts
/ Ten Commandments
/ Texas
/ U.S.A
2014
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A SALUTE TO JUSTICE BREYER'S CONCURRING OPINION IN \VAN ORDEN v. PERRY\
by
Fallon, Richard H.
in
Breyer, Stephen
/ Breyer, Stephen G
/ Capitols
/ Church & state
/ Clauses
/ Democracy
/ Dissent
/ ESSAYS IN HONOR OF JUSTICE STEPHEN G. BREYER
/ Establishment clause
/ Freedom of religion
/ Government
/ Judges
/ Judges & magistrates
/ Justice
/ Law
/ Legal judgments
/ Litigation
/ Monuments
/ Opinion
/ Preemption
/ Public buildings
/ Religion
/ State
/ State court decisions
/ Supreme court
/ Supreme Court decisions
/ Supreme Court justices
/ Supreme courts
/ Ten Commandments
/ Texas
/ U.S.A
2014
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A SALUTE TO JUSTICE BREYER'S CONCURRING OPINION IN \VAN ORDEN v. PERRY\
by
Fallon, Richard H.
in
Breyer, Stephen
/ Breyer, Stephen G
/ Capitols
/ Church & state
/ Clauses
/ Democracy
/ Dissent
/ ESSAYS IN HONOR OF JUSTICE STEPHEN G. BREYER
/ Establishment clause
/ Freedom of religion
/ Government
/ Judges
/ Judges & magistrates
/ Justice
/ Law
/ Legal judgments
/ Litigation
/ Monuments
/ Opinion
/ Preemption
/ Public buildings
/ Religion
/ State
/ State court decisions
/ Supreme court
/ Supreme Court decisions
/ Supreme Court justices
/ Supreme courts
/ Ten Commandments
/ Texas
/ U.S.A
2014
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A SALUTE TO JUSTICE BREYER'S CONCURRING OPINION IN \VAN ORDEN v. PERRY\
Journal Article
A SALUTE TO JUSTICE BREYER'S CONCURRING OPINION IN \VAN ORDEN v. PERRY\
2014
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Overview
Although the government has an obligation not to promote religion, not all public displays of support for religion violate the Establishment Clause. So Justice Stephen Breyer concluded in his decisive concurring opinion in Van Orden v. Perry, in which, with the Supreme Court otherwise divided four to four, he declined to require the removal of a large Ten Commandments display that had stood for over forty years among the monuments surrounding the Texas State Capitol. In the author's view, Justice Breyer made the right judgment in Van Orden, which he described as the kind of \"borderline case\" that defies wise decision under any preset formula, at least absent a thoughtful reconsideration of first principles. No single opinion better epitomizes what is best about Justice Breyer's judicial philosophy -- including his sensitivity to practical consequences and his belief in the importance of strengthening political democracy -- than his concurring opinion in that case.
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