The Corner

The Court and The Pledge

No Left Turns has a very interesting post on the Pledge case yesterday. Most interesting is this snippet from Clarence Thomas who writes:

as a matter of our precedent, the Pledge policy is unconstitutional. I believe, however, that Lee [v. Weisman] was wrongly decided. Lee depended on a notion of “coercion” that, as I discuss below, has no basis in law or reason. The kind of coercion implicated by the Religion Clauses is that accomplished “by force of law and threat of penalty.” 505 U.S., at 640 (Scalia, J., dissenting); see id., at 640—645. Peer pressure, unpleasant as it may be, is not coercion.


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