11.01.2005

Like Scalia, but pro-First Amendment

The more I read, the more I like. Scalia's views against freedom of speech and free exercise of religion are some of his worst aspects.

Law professor Jonathan Adler says Alito gets that stuff right:

A Justice Alito may vote with Justice Scalia on many issues, but they would hardly march in lockstep--and when they disagree we would be treated to an intellectual debate of the highest order. One area we may expect to see differences between the two is on the First Amendment. Judge Alito's record suggests that he is more sympathetic to religious liberty claims, and more willing to hold that purportedly neutral government regulations unnecessarily impede upon the right to live in accord with one's religious ideals. He has ruled favorably in challenges by Muslims and Native Americans who argued that local laws impermissibly burdened the exercise of their faiths. There are also indications a Justice Alito could take a more expansive view of constitutional protection for free speech, including religious expression. In several cases he
has voted to protect public school students' rights to express their own religious views.

Read the whole thing. You'll like Alito.

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