Kennedy was not too talkative, but he asked the church about whether, absent Estab Clause issue, states can draw no relig distinctions.
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Replying to @chrisgeidner
Later, to the state, Kennedy picked up on that, calling this distinction in Missouri "status-based," thus distinct from Locke.
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Replying to @chrisgeidner
Alito, giving specific examples of fed/state safety/security enhancement programs, asked whether MO would allow church participation.
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Replying to @chrisgeidner
State lawyer said that the answer, traditionally, would be no.
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Replying to @chrisgeidner
Overall, how much time was spent on mootness concerns vs substance?
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Replying to @chrisgeidner
Then I suspect we're not getting a DIG here. Ok. Will read the transcript.
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Replying to @adambonin
I thought my tweets made that pretty clear, but, yeah, it did not seem like a ... popular opinion.
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Replying to @chrisgeidner
Which is somewhat surprising given Roberts' penchant for narrow resolution, but it sounds like Kagan's on board on his side?
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