I'm from Missouri

This site is named for the famous statement of US Congressman Willard Duncan Vandiver from Missouri : "I`m from Missouri -- you'll have to show me." This site is dedicated to skepticism of official dogma in all subjects. Just-so stories are not accepted here. This is a site where controversial subjects such as evolution theory and the Holocaust may be freely debated.

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Location: Los Angeles, California, United States

My biggest motivation for creating my own blogs was to avoid the arbitrary censorship practiced by other blogs and various other Internet forums. Censorship will be avoided in my blogs -- there will be no deletion of comments, no closing of comment threads, no holding up of comments for moderation, and no commenter registration hassles. Comments containing nothing but insults and/or ad hominem attacks are discouraged. My non-response to a particular comment should not be interpreted as agreement, approval, or inability to answer.

Thursday, February 26, 2009

Sequel to precedent cited in Caldwell v. Caldwell is granted certiorari

A sequel to Buono v. Norton, a case that the plaintiffs heavily relied upon in Caldwell v. Caldwell , has been granted certiorari by the Supreme Court. The name of the sequel is Salazar, Secretary of the Interior et al. v. Buono. Details, including links to documents, are here. The government is still disputing Buono's standing to sue -- one of the questions presented in the petition for certiorari is --

Whether respondent has standing to maintain this action where he has no objection to the public display of a cross, but instead is offended that the public land on which the cross is located is not also an open forum on which other persons might display other symbols. -- from page 2 of PDF file

The issue of standing in Salazar v. Buono is discussed on pages 18-26 of the PDF file (pages 10-18 of the original document) of the above petition. IMO this discussion is applicable to Caldwell v. Caldwell.

One of the issues in Salazar v. Buono is whether "an Act of Congress directing the land be transferred to a private entity is a permissible accommodation." A similar question could be raised in Caldwell, i.e., would creation of a second UC website version with the offensive religious material removed be a permissible accommodation of the complaint.
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2 Comments:

OpenID missingthepoint said...

I know I'm banned here, but I thought Larry might want to know the status of Caldwell.

(ORDER LIST: 556 U.S.)
MONDAY, MARCH 23, 2009


CERTIORARI DENIED
...
08-858
CALDWELL, JEANNE E. V. CALDWELL, ROY L., ET AL.
...
The petitions for writs of certiorari are denied.

Monday, March 23, 2009 8:00:00 AM  
Blogger Larry Fafarman said...

No, Kevin, you are not banned here, but in the future any comment that makes that claim will not be posted.

Thanks for the tip. I wonder how you found out so quickly, but apparently you have special access to information about the courts.

I will post a response shortly.

Monday, March 23, 2009 8:48:00 AM  

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