Analysis: Pondering the “tyranny of labels”

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Analysis: Pondering the “tyranny of labels” Links1
Betsy's Page found this 11/13/2008 on www.scotusblog.com (flag)
Analysis If a case does not fit within a constitutional pigeonhole, is there no other way to define it so that a legal dispute can be decided? That was the lingering question Wednesday as the Supreme Court tried to hack its way through a thicket of constitutional labels, with the legal fate ... (link)

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The Supreme Court today
Published 11/13/2008 by Betsy Newmark (noreply@blogger.com) at Betsy's Page
... that has had a monument to the Ten Commandments since 1971. The 10th Circuit (natch!) had ruled that once the town put up the Ten Commandments monument that a private group had donated that they had created a public forum and couldn't discriminate against any religious group that wanted to put up its own monument. As Lyle Denniston summarizes for ScotusBlog , there seems to be some debate as to whether this is a Freedom of Speech issue or a Freedom of Religion. Part — perhaps most — of the Court’s difficulty in pursuing a flexible basis for deciding the case ...