Bench Memos

NRO’s home for judicial news and analysis.

The Left vs. Christmas


If you want an illustration of how extreme the anti-Alito Left is, consider the 1999 case of ACLU v. Schundler. In that case, the ACLU argued that Jersey City’s holiday display violated the Establishment Clause. And what exactly posed this theocratic threat? As Alito’s ruling in favor of Jersey City explained, Jersey City’s display “contained not only a creche, a menorah, and Christmas tree, but also large plastic figures of Santa Claus and Frosty the Snowman, a red sled, and Kwanzaa symbols on the tree. In addition, the display contained two signs stating that the display was one of a series of displays put up by the City throughout the year to celebrate its residents’ cultural and ethnic diversity.” These other displays included “the City’s annual commemoration of Ramadan, the annual Grand Phagwah Parade held to celebrate the Hindu New Year, and a wide variety of cultural events related to the many diverse ethnic groups in the City.”

People for the American Way cites Alito’s ruling in this case in support of its wild-eyed assertion that Alito’s opinions “raise real questions about his commitment to the fundamental principle of the separation of church and state.” (See pp. 15-16 of PFAW’s report, which, as I have shown in previous posts, is rife with lies and distortions that PFAW continues to propagate.) The last phrase quoted, of course, is PFAW’s rewriting of the Establishment Clause.

Fidelis has an excellent pro-Alito ad based on this case.


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