He recently maintained that the framers intended to allow the states to decide individually whether and how to promote religion.Considering the breadth of diversity among the states—in values, customs, practices, and especially religion—uniformity would be the first casualty.
) Justices Scalia and Thomas concurred with Alito’s opinion, but criticized it for creating “utterly meaningless distinctions” between executive and legislative expenditures.
Instead, Scalia and Thomas favored overturning the Flast precedent outright.
The Supreme Court held that because Newdow’s wife had primary custody of his daughter, he therefore lacked standing to sue by himself.
The Court never considered the constitutional issue at all.
But now this cornerstone of American government is under siege, its foundation threatened by an agenda-driven Supreme Court.