Kagan: Establishment Clause Is “Hard”
…e has leaned toward more flexibility for religious freedom (granted by the free exercise clause) than upholding the church-state divide (ensured by the establishment clause), her answers were of great interest to church-state separation advocates. But Kagan’s answers didn’t shed a lot of light on her Establishment Clause views, other than that she believes balancing these two constitutional imperatives requires, as the Court has said, “play in the…
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