Last week, Alito attracted the support of all justices except one in affirming the power of a public park to refuse to display a non-traditional religious symbol even though it does display a traditional one such as the Ten Commandments. Under Alito's leadership in Pleasant Grove City v. Summum, the Court reversed the Court of Appeals for the Tenth Circuit, which had ruled that the park must display an obscure non-Christian monument because the park also displays the Ten Commandments.
With an overwhelming court majority, Alito put an end to the suggestion that if government displays one religious symbol, then it must display all donated religious symbols, no matter how unusual. Alito's opinion allowing parks to display some monuments while rejecting others was joined by every member of the Court except Justice David Souter.
Meanwhile, two even bigger cases are heating up and will result in huge decisions before the court adjourns in June. One case involves affirmative action, while the other concerns harmful education policies enforced by judicial supremacy.
In Ricci v. DeStefano, white firefighters were passed over for promotion due to the use of affirmative action by the city of New Haven. The white firefighters had scored higher on the qualifying exam, but New Haven decided instead to meet racial goals rather than promote based on merit.
With our new president and the endless publicity about how significant his election was, it seems extremely anachronistic for government to be still clinging to outdated racial quotas in hiring and promotion. It is indeed time for "change" in how courts have ruled in favor of racial preferences rather than merit in the workplace.
The final knockout of outdated liberal notions this spring could come in Horne v. Flores, where the Ninth Circuit held that despite more than 15 years of litigation the Arizona legislature must submit to a federal court demanding more money for non-English education, sometimes called "bilingual education." Never mind that Arizonans voted overwhelmingly against this type of harmful program, which hurts the students who never learn English and which balkanizes and divides our nation by language.
The federal district court had engaged in judicial supremacy by holding Arizona in civil contempt and slapping Arizona with more than $20 million in civil fines for not doing what the court wanted. But the U.S. Supreme Court, led by Roberts and Alito, will soon have the opportunity to bring real "change" to this judicial activism.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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