atkins@opus.UUCP (Brian Atkins) (05/23/85)
So far we all seem to be in agreement that blue laws violate separation
of church and state. But is it not true that the U.S. Supreme court
only hears cases that it chooses? If a blue law was challenged, would
it make to al the way to the top, and would the top hear it?
How convincing would the "right to one day off" argument be? Especially
to the current supreme court? It was said that there must have been
a time when SofC&S was not a big consideration. Now that people
are less worried about being labeled Godless Communists and what not,
could blue laws be struck down?
What I am wondering is would the Court be swayed by political/social
pressure from people like Falwell, who would no doubt jump on the
"Save the Sabbath" band wagon?
In short, is there more than a snowball's chance in hell that, if challenged,
blue laws would be struck down?
Brian Atkins ...{attunix, hao, allegra, ucbvax}!nbires!atkins
NBI Inc., P.O. Box 9001, Boulder CO 80301 (303) 444-5710cramer@kontron.UUCP (Clayton Cramer) (06/04/85)
> > So far we all seem to be in agreement that blue laws violate separation > of church and state. But is it not true that the U.S. Supreme court > only hears cases that it chooses? If a blue law was challenged, would > it make to al the way to the top, and would the top hear it? > "Separation of church and state" isn't in the Constitution; "Congress shall make no law respecting an establishment of religion" is. I don't support "blue laws" in any manner at all, but I wish people would go back and read what the First Amendment says, not what they think it says. > How convincing would the "right to one day off" argument be? Especially > to the current supreme court? It was said that there must have been > a time when SofC&S was not a big consideration. Now that people > are less worried about being labeled Godless Communists and what not, > could blue laws be struck down? > Now that free markets are considered a positive thing again, it's hard for me to believe that the Supreme Court could argue in favor of another unnecessary regulation of business. (Maybe the liberals would like the idea though...another way to supress those evil people trying to make a profit!) > In short, is there more than a snowball's chance in hell that, if challenged, > blue laws would be struck down? > > Brian Atkins ...{attunix, hao, allegra, ucbvax}!nbires!atkins > NBI Inc., P.O. Box 9001, Boulder CO 80301 (303) 444-5710 If you aren't struck down, it will be because the Supreme Court doesn't want to be "anti-democratic".