Keep ’em separated? Bright line between church, state begins to dim with new case

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted December 13, 2021 12:16 PM

Rock band lyrics often prophesize constitutional law questions, like the great Delphi oracle. Take for instance the correct answer to separation of church and state prophesied by The Offspring in their song, “Come Out and Play.” The opening line, “You gotta keep ’em separated.” That was the Supreme Court’s position on church and state until the Pious Posse took over the court. Last week, the court heard Carson v. Makin. The Offpsring’s opening line is not likely going to be a paraphrase of the majority.An interesting …

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