The Constitution persists in requiring that the state not interfere with prisoners freely exercising their religions except as a direct, reasonably necessary, spiritually neutral consequence of its meeting other responsibilities. Prisons do not have unlimited space or guards for an infinite number of religious ceremonies. Religions prescribe days of the week and hours of the day as well as diets and dress. Those are addressed to civil society under normal circumstances. Nobody went to hell for missing Temple during the Blitz or not resting on the Sabbath during the attack on Pearl Harbor.With all respect to the honorable Court: how does it know?
Wednesday, December 29, 2010
Judicial notice?
Sundown v. Tex. Dep't of Crim. Justice, Civ. No. H-07-1441 (S.D. Tex. Apr. 16, 2008):
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This is surely a test of one's inner realist.
ReplyDeleteIt's so because a judge tells you it's so.
But does this judge have jurisdiction to say that particular thing is so?
Possibly as the district court for the Southern District of Texas, the jurisdiction was coextensive with Hell, or had substantial overlap.
ReplyDelete