No Rehnquist announcement; Commandments split

From SCOTUSblog.

Shorewood's own apparently staying on as Chief, for now.

Split is between the Court's decisions, not between the tablets.

P.S. Eugene Volokh comments on Divisiveness.

The opinions joined by Justices Stevens, O'Connor, Souter, Ginsburg, and Breyer routinely stress that Ten Commandments displays and the like often threaten to produce "religious divisiveness," and that the Establishment Clause should be read as making such divisiveness into a reason for invalidating (at least some) government actions.

But I wonder: What has caused more religious divisiveness in the last 35 years -- (1) government displays or presentations of the Ten Commandments, creches, graduation prayers, and the like, or (2) the Supreme Court's decisions striking down such actions? My sense is that it's the latter, and by a lot ...

Isn't there something strange about a jurisprudence that in seeking to avoid a problem (religious divisveness) causes more of the same problem, repeatedly, foreseeably, and, as best I can tell, with no end in sight?

P.P.S. from The Economist of June 23, 2005 on America's religious right.

Religious America's switch to the right is rooted in two things: liberal over-reach and conservative organisation. The consistent whinge from the Christian right about "liberal activist judges" exceeding their mandate contains a kernel of truth. In the 1960s and 1970s, judges changed America from a country where every school day began with a prayer, and abortion and pornography were frowned on, to a country where school prayer was banned and both abortion and pornography were protected by the constitution.

The fact that the courts were running so far ahead of public opinion in a generally religious country bolstered the religious right in two ways. It provoked white evangelicals to join the political fray. And it persuaded all religious types to bond together. Protestants and Catholics, who used to be at loggerheads, have now found common ground, especially on abortion.

(via Get Religion)