Wednesday, March 10, 2010
This is all very unfortunate. The Chief Justice is right on the law. The President probably reflects public policy. When there is a conflict, the law always wins in this country. If the President does not accept the dictates of the Constitution and its First Amendment, he is free to propose a change, but I think that would be extremely ill-advised. What I fear will happen is that Congress will pass another law that may or may pass Constiutional muster, that likely will have little impact on what irks so many, and which really cannot go any further unless we want to adorn the First Amendment with a series of unwise limitations in the interest of competing policies.