Tag Archive | Establishment Clause

Clarence Thomas, Facebook Justice

By Steve Klepper (Twitter: @MDAppeal)

On the occasion of Wall Street discovering that Facebook is no longer cool,[1] and on the occasion of the Supreme Court denying certiorari in the Facebook privacy class-action, I decided finally to offer my thesis that Justice Clarence Thomas is a justice for the Facebook era.

Virtually nothing is certain regarding the legislative prayer case, Town of Greece v. Galloway, being argued today before the Supreme Court. But I see one safe bet: Justice Thomas will write a separate opinion expressing his view that the Establishment Clause binds only the Federal Government, not the states. See, e.g., Zelman v. Simmons-Harris, 536 U.S. 639, 678-79 (2002) (Thomas, J., concurring). Read More…