After Kelo we thought the Supreme Court couldn't look any more ridiculous than they did in that decision, but they proved us wrong yesterday when they ruled that the Ten Commandments could be displayed outside the state capitol of Texas but not inside the courthouses of Kentucky.
Read Justice Scalia's dissent here. On almost every case in which he is in the minority his opinions make the majority look like intellectual dwarves.
George Will says that the Supreme Court would look a lot less foolish if in cases like the two decided yesterday they only had the wit to say simply, "Because the display on public grounds does not do what the establishment clause was written to prevent -- does not impose a state-sponsored creed or significantly advantage or disadvantage one sect or sects -- the display is constitutional."
Unfortunately, this sensible approach will almost certainly escape the fumbling grasp of the jurists who dominate today's Court. Thank goodness they are now in recess and can't do any more harm until October.
