For those who’ve never read a slip opinion from the Supreme Court, it’s worth emphasizing that they almost never include images: Justices write their opinions, concurrences, and dissents — and that’s it. There's nothing but text.
But in her dissent yesterday, Sotomayor took the highly unusual step of including several photographs to prove her point: The images showed the high school coach engaged in public worship with public school student athletes — minors who were seeking their coach’s approval, and who needed to stay on his good side if they intended to play — at public school events.
This is the same coach who, according to the public record, led Christian prayers in public school locker rooms with public school students before games.
And yet, there was Gorsuch, marveling at school officials objecting to a person engaging in “quiet,” “short,” “private,” and “personal” prayer.
In reality, if Kennedy had engaged in a “quiet,” “short,” “private,” and “personal” prayer, there wouldn’t have been a case since no one would’ve cared. Indeed, this is precisely what school officials asked Kennedy to do.
But for the coach, “quiet,” “short,” “private,” and “personal” prayers weren’t good enough. By all appearances, Kennedy went out of his way to pursue the opposite course, indifferent to the law, the school district's policies, or the interests of students and their families who may not have been comfortable with these religious exercises.
The result was a Supreme Court case in which the justices not only disagreed over how best to apply the First Amendment, but they also appeared to be examining entirely different facts. The conservative majority settled on a conclusion that relied heavily on falsehoods.
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