Over an Alito Dissent, Supreme Court Denies Review in School Band Case (9th Circuit ruling stands)

[usregimechange]

When a controversial decision of the U.S. Court of Appeals for the 9th Circuit is appealed to the Supreme Court, the justices often take the bait and reverse. But this morning, the Supreme Court denied review of a 9th Circuit ruling that nixed the performance of a religious instrumental piece by a public high school band in Washington state. Justice Samuel Alito Jr. dissented from the Court's denial of review.

A high school band in Everett, Washington chose to perform "Ave Maria" at graduation ceremonies, but school officials vetoed the plan, explaining that the piece's title alone had religious connotations, even though, as an instrumental piece, it contained no religious words. The officials noted that the year before, graduation attendees had complained about a school choir piece that referred to God and angels. Kathryn Nurre, a senior, challenged the officials' action as a violation of her freedom of speech. Both the district court for the western district of Washington and the 9th Circuit upheld the officials' actions...

Footnote: Curiously, the text of Alito's dissent available at the end of this document persistently misspells the word "superintendent" as "superintendant," though it is correctly spelled in the caption of the case, which refers to superintendent Carol Whitehead.

http://legaltimes.typepad.com/blt/2010/03/over-an-alito-dissent-supreme-court-denies-review-in-school-band-case.html
http://www.supremecourt.gov/orders/courtorders/032210zor.pdf

[Davis_X_Machina]

1. I thought failure...

...to play Elgar's "Pomp and Circumstance" #1 at a high school graduation was all by itself a violation of the Constitution..

[Commie Pinko Dirtbag]

2. That misspelling may be an ultra-high-frequency dog whistle.

"See, I disregard that elitist libraul 'spelling' thing too! I'm one of you! A man of the people!"

Either that, or he's dumb. Judge or not.

[anigbrowl]

3. Nonsense

I make typos all the time, despite having an excellent command of spelling and grammar. Besides, for all you know he dictated it or wrote it out in longhand and the spelling error was committed by a clerk. Talk about making a mountain out of a molehill.

[Bitwit1234]

6. And he is a supreme court judge who can't spell.

[marmar]

4. Fat Tony is a fascist, pure and simple.

In a different time and place he would have been a willing gas chamber attendant.

[brooklynite]

5. As an atheist...

I never had problems when the School Choir did religious music along the secular. Also didn't stop me from singing in the Choir for the Archbishop of Canterbury.