I would note that the article title is somewhat misleading, as the case was refused for still being in interlocutory status, not on the merits.
Link to today’s Supreme Court Order List. At the bottom of the Order is is a statement respecting the denial of certiorari by Justice Gorsuch and a statement dissenting from denial of certiorari by Justice Thomas.
I agree with Justice Gorsuch that the case should not have been taken while in an interlocutory status, but I agree with both Justices on the merits.
Lemon is dead and buried. It is time to bury offended observer standing with it. Simply hearing something you don’t ■■■■■■■ like is NOT a particularized injury sufficient to confer Article III standing to sue.
When the District Court finishes rehearing this case and the 11th Circuit reaches a final judgement and assuming the 11th Circuit does not quash offended observer status in that judgement. Then the Supreme Court should take this case and end offended observer standing.
“that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
I am a nontheist, but I find atheists of the sort that brought these cases in the first place to be twits. Just as I find many “offended” people, by what ever cause, to be twits.
They are essentially pointless, vexatious litigants and should be shut down.
Doesn’t bother me to hear prayer, any more than it bothers me if a television show or comedian speaks “blasphemous” material.
If a person don’t like what they hear, just tough the ■■■■ up and get over it.
