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Constitutional Law,
U.S. Supreme Court

Aug. 14, 2013

Obama takes surprising stance in establishment case briefs

In two cases, the Obama administration has taken a position strongly favored by the religious right and opposed by civil liberties groups. By Erwin Chemerinsky

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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In a brief filed in the U.S. Supreme Court last week, the Obama administration came down clearly on the side of allowing Christian prayers before city council meetings. A few years ago, it filed a brief in favor of allowing state governments to give tax credits that greatly benefit religious schools. In both cases, the Obama administration took a position strongly favored by the religious right and opposed by civil liberties groups.

In neither case was the Obama administration req...

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