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May 30, 2008


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Jon Rowe

I just got the book! Looks to be a great read. I like her notion (something I've trumpeted on the blogsphere for a few years) that equality-neutrality is the driver behind the Establishment Clause. This is important because in order for the clause to properly incorporate (something which Justice Thomas and a few others have raised powerful reasons as to why it should not) it must relate to "rights," and equality is that right.

As Prof. Amar put it in his seminal book on the matter, even if the EC didn't properly incorporate, the EPC could still do much of what the Court has the EC doing because it is equality rights that the clause vindicates.

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