The clause is there to prevent the establishment of an official state religion. In Florida, the state religion is football, isn't it? All kidding aside, I don't think giving people a choice of license plates from among over 100 that expresses their personal preference is establishing an official religion.
If they get the right judge, they might have it struck down, then it would go to the Circuit Court which would likely reverse, then the USSC which would likely allow it, in my opinion. But what do I know about the law, anyway.
I think the fact that it's there at all could be construed as establishment. The real test would be if someone tried to get another plate and couldn't, or wanted to get something snarky on the plate and were stopped by "well-meaning" DMV employees. Step up, folks! Be a test case! (My Constitutional scholar is napping with baby. I'll ask when he wakes up. I don't count -- I'm just the spouse who's put up with the overpriced hoo-ha that is Penn Law, and I'll be making the flash cards for the NY Bar Exam. "A photographic memory will not help you in law school, Mr. Brooks!" And it won't allow me to sit for the exam, either. )
I don't even think this Supreme Court would grant cert. Scalia won't because there were no license plates when they wrote the Constitution, Thomas does whatever Scalia says, and Alito/Roberts/Kennedy are Catholic and won't care. That leaves 4. Hm. You're right. They'll get cert, but they'll overturn because it doesn't meet strict scrutiny (because of the 100 other plates argument). Drat.
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timeasmymeasure
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Date: 2008-04-26 12:27 pm (UTC)If they get the right judge, they might have it struck down, then it would go to the Circuit Court which would likely reverse, then the USSC which would likely allow it, in my opinion. But what do I know about the law, anyway.
no subject
Date: 2008-04-26 12:57 pm (UTC)I don't even think this Supreme Court would grant cert. Scalia won't because there were no license plates when they wrote the Constitution, Thomas does whatever Scalia says, and Alito/Roberts/Kennedy are Catholic and won't care. That leaves 4. Hm. You're right. They'll get cert, but they'll overturn because it doesn't meet strict scrutiny (because of the 100 other plates argument). Drat.