Here is a link to an excellent post by John Breen. Breen’s post critiques a recent piece in the New York Times by Linda Greenhouse arguing that pro-life laws violate the Establishment Clause. This argument was also made by the Justice Stevens, who passed away yesterday at the age of 99. Here is a link to a short article of mine critiquing Stevens’ view.
Here is the conclusion of Breen’s post–
“In the end, Greenhouse’s op-ed (like Stevens’ opinions in Thornburgh and Webster) is founded on the mere accusation of religious establishment. She points to a policy position with which she disagrees (a position supported by some overtly religious people) and then cries “Establishment Clause!” This is not the music of constitutional argument, but the shrill voice of someone desperate to hold on to power.
Archibald Cox once said of brief writing that “a good brief marches, and a great brief marches and sings.” The claim that pro-life legal measures violate the Establishment Clause stumbles and wails because those who employ it never demonstrate the religiosity of the laws they would strike down. This tired, old song should come to an end.”