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Poll: Unconscious Clinton More Fit to Be President Than Conscious Trump Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=9160"><span class="small">Andy Borowitz, The New Yorker</span></a>   
Wednesday, 21 September 2016 14:35

Borowtiz writes: "In a positive development for the Democratic nominee for President, a new poll released on Sunday reveals that likely voters find an unconscious Hillary Clinton 'substantially more fit' to be President than a conscious Donald Trump."

Hillary Clinton. (photo: Carolyn Kaster/AP)
Hillary Clinton. (photo: Carolyn Kaster/AP)


Poll: Unconscious Clinton More Fit to Be President Than Conscious Trump

By Andy Borowtiz, The New Yorker

21 September 16

 

The article below is satire. Andy Borowitz is an American comedian and New York Times-bestselling author who satirizes the news for his column, "The Borowitz Report."

n a positive development for the Democratic nominee for President, a new poll released on Sunday reveals that likely voters find an unconscious Hillary Clinton “substantially more fit” to be President than a conscious Donald Trump.

In a hypothetical matchup between a Clinton who has been rendered completely unconscious and a fully sentient Trump, voters chose an inert Clinton over an ambulatory Trump by a margin of nine percentage points.

A spokesperson for the Clinton campaign hailed the findings. “We have every reason to believe that Hillary Clinton will be a fully conscious President,” the spokesperson said. “But even if she is not, she is still the far better choice.”

The same poll revealed that a broad majority of voters found an unconscious Donald Trump more fit to be President than a conscious one.

Finally, when asked about the Libertarian Presidential candidate Gary Johnson, a significant number of voters were undecided as to whether Johnson was conscious or unconscious.


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FOCUS: Trump Foundation, Engaged in More or Less Open Bribery Print
Wednesday, 21 September 2016 11:54

Krugman writes: "Compare the amount of attention given to the Clinton Foundation despite absence of any evidence of wrongdoing, and attention given to Trump Foundation, which engaged in more or less open bribery - but barely made a dent in news coverage. Clinton was harassed endlessly over failure to give press conferences, even though she was doing lots of interviews; Trump violated decades of tradition by refusing to release his taxes, amid strong suspicion that he is hiding something; the press simply dropped the subject."

Paul Krugman. (photo: Reuters)
Paul Krugman. (photo: Reuters)


Trump Foundation, Engaged in More or Less Open Bribery

By Paul Krugman, The New York Times

21 September 16

 

ecause they are, at this point. It’s not even false equivalence: compare the amount of attention given to the Clinton Foundation despite absence of any evidence of wrongdoing, and attention given to Trump Foundation, which engaged in more or less open bribery — but barely made a dent in news coverage. Clinton was harassed endlessly over failure to give press conferences, even though she was doing lots of interviews; Trump violated decades of tradition by refusing to release his taxes, amid strong suspicion that he is hiding something; the press simply dropped the subject.

Brian Beutler argues that it’s about protecting the media’s own concerns, namely access. But I don’t think that works. It doesn’t explain why the Clinton emails were a never-ending story but the disappearance of millions of George W. Bush emails wasn’t, or for that matter Jeb Bush’s deletion of records; the revelation that Colin Powell did, indeed, offer HRC advice on how to have private email the way he did hasn’t even been reported by some major news organizations.

And I don’t see how the huffing and puffing about the foundation — which “raised questions”, but where the media were completely unwilling to accept the answers they found — fits into this at all.


READ MORE

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FOCUS: America's Worldwide Impunity Print
Wednesday, 21 September 2016 10:52

Parry writes: "The mainstream U.S. media is treating the U.S.-led airstrike that killed scores of Syrian troops as an unfortunate boo-boo, ignoring that the U.S. and its allies have no legal right to operate in Syria at all."

President Barack Obama and George W. Bush. (photo: Getty Images)
President Barack Obama and George W. Bush. (photo: Getty Images)


America's Worldwide Impunity

By Robert Parry, Consortium News

21 September 16

 

The mainstream U.S. media is treating the U.S.-led airstrike that killed scores of Syrian troops as an unfortunate boo-boo, ignoring that the U.S. and its allies have no legal right to operate in Syria at all, writes Robert Parry.

fter several years of arming and supporting Syrian rebel groups that often collaborated with Al Qaeda’s Nusra terror affiliate, the United States launched an illegal invasion of Syria two years ago with airstrikes supposedly aimed at Al Qaeda’s Islamic State spin-off, but on Saturday that air war killed scores of Syrian soldiers and aided an Islamic State victory.

Yet, the major American news outlets treat this extraordinary set of circumstances as barely newsworthy, operating with an imperial hubris that holds any U.S. invasion or subversion of another country as simply, ho-hum, the way things are supposed to work.

On Monday, The Washington Post dismissed the devastating airstrike at Deir al-Zour killing at least 62 Syrian soldiers as one of several “mishaps” that had occurred over the past week and jeopardized a limited ceasefire, arranged between Russia and the Obama administration.

But the fact that the U.S. and several allies have been routinely violating Syrian sovereign airspace to carry out attacks was not even an issue, nor is it a scandal that the U.S. military and CIA have been arming and training Syrian rebels. In the world of Official Washington, the United States has the right to intervene anywhere, anytime, for whatever reason it chooses.

President Barack Obama even has publicly talked about authorizing military strikes in seven different countries, including Syria, and yet he is deemed “weak” for not invading more countries, at least more decisively.

Democratic presidential nominee Hillary Clinton has vowed to engage in a larger invasion of Syria, albeit wrapping the aggression in pretty words like “safe zone” and “no-fly zone,” but it would mean bombing and killing more Syrian soldiers.

As Secretary of State, Clinton used similar language to justify invading Libya and implementing a “regime change” that killed the nation’s leader, Muammar Gaddafi, and unleashed five years of violent political chaos.

If you were living in a truly democratic country with a truly professional news media, you would think that this evolution of the United States into a rogue superpower violating pretty much every international law and treaty of the post-World War II era would be a regular topic of debate and criticism.

Those crimes include horrendous acts against people, such as torture and other violations of the Geneva Conventions, as well as acts of aggression, which the Nuremberg Tribunals deemed “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”

Justifying ‘Regime Change’

Yet, instead of insisting on accountability for American leaders who have committed these crimes, the mainstream U.S. news media spreads pro-war propaganda against any nation or leader that refuses to bend to America’s imperial demands. In other words, the U.S. news media creates the rationalizations and arranges the public acquiescence for U.S. invasions and subversions of other countries.

In particular, The New York Times now reeks of propaganda, especially aimed at two of the current targets, Syrian President Bashar al-Assad and Russian President Vladimir Putin. With all pretenses of professionalism cast aside, the Times has descended into the status of a crude propaganda organ.

On Sunday, the Times described Assad’s visit to a town recently regained from the rebels this way: “Assad Smiles as Syria Burns, His Grip and Impunity Secure.” That was the headline. The article began:

“On the day after his 51st birthday, Bashar al-Assad, the president of Syria, took a victory lap through the dusty streets of a destroyed and empty rebel town that his forces had starved into submission.

“Smiling, with his shirt open at the collar, he led officials in dark suits past deserted shops and bombed-out buildings before telling a reporter that — despite a cease-fire announced by the United States and Russia — he was committed ‘to taking back all areas from the terrorists.’ When he says terrorists, he means all who oppose him.”

The story by Ben Hubbard continues in that vein, although oddly the accompanying photograph doesn’t show Assad smiling but rather assessing the scene with a rather grim visage.

But let’s unpack the propaganda elements of this front-page story, which is clearly intended to paint Assad as a sadistic monster, rather than a leader fighting a foreign-funded-and-armed rebel movement that includes radical jihadists, including powerful groups linked to Al Qaeda and others forces operating under the banner of the brutal Islamic State.

The reader is supposed to recoil at Assad who “smiles as Syria burns” and who is rejoicing over his “impunity.” Then, there’s the apparent suggestion that his trip to Daraya was part of his birthday celebration so he could take “a victory lap” while “smiling, with his shirt open at the collar,” although why his collar is relevant is hard to understand. Next, there is the argumentative claim that when Assad refers to “terrorists” that “he means all who oppose him.”

As much as the U.S. news media likes to pride itself on its “objectivity,” it is hard to see how this article meets any such standard, especially when the Times takes a far different posture when explaining, excusing or ignoring U.S. forces slaughtering countless civilians in multiple countries for decades and at a rapid clip over the past 15 years. If anyone operates with “impunity,” it has been the leadership of the U.S. government.

Dubious Charge

On Sunday, the Times also asserted as flat fact the dubious charge against Assad that he has “hit civilians with gas attacks” when the most notorious case – the sarin attack outside Damascus on Aug. 21, 2013 – appears now to have been carried out by rebels trying to trick the United States into intervening more directly on their side.

A recent United Nations report blaming Syrian forces for two later attacks involving chlorine was based on slim evidence and produced under great political pressure to reach that conclusion – while ignoring the absence of any logical reason for the Syrian forces to have used such an ineffective weapon and brushing aside testimony about rebels staging other gas attacks.

More often than not, U.N. officials bend to the will of the American superpower, failing to challenge any of the U.S.-sponsored invasions over recent decades, including something as blatantly illegal as the Iraq War. After all, for an aspiring U.N. bureaucrat, it’s clear which side his career bread is buttered.

We find ourselves in a world in which propaganda has come to dominate the foreign policy debates and – despite the belated admissions of lies used to justify the invasions of Iraq and Libya – the U.S. media insists on labeling anyone who questions the latest round of propaganda as a “fill-in-the-blank apologist.”

So, Americans who want to maintain their mainstream status shy away from contesting what the U.S. government and its complicit media assert, despite their proven track record of deceit. This is not just a case of being fooled once; it is being fooled over and over with a seemingly endless willingness to accept dubious assertion after dubious assertion.

In the same Sunday edition which carried the creepy portrayal about Assad, the Times’ Neil MacFarquhar pre-disparaged Russia’s parliamentary elections because the Russian people were showing little support for the Times’ beloved “liberals,” the political descendants of the Russians who collaborated with the U.S.-driven “shock therapy” of the 1990s, a policy that impoverished a vast number of Russians and drastically reduced life expectancy.

Why those Russian “liberals” have such limited support from the populace is a dark mystery to the mainstream U.S. news media, which also can’t figure out why Putin is popular for significantly reversing the “shock therapy” policies and restoring Russian life expectancy to its previous levels. No, it can’t be that Putin delivered for the Russian people; the only answer must be Putin’s “totalitarianism.”

The New York Times and Washington Post have been particularly outraged over Russia’s crackdown on “grassroots” organizations that are funded by the U.S. government or by billionaire financial speculator George Soros, who has publicly urged the overthrow of Putin. So has Carl Gershman, president of the National Endowment for Democracy (NED), which funnels U.S. government cash to political and media operations abroad.

The Post has decried a Russian legal requirement that political entities taking money from foreign sources must register as “foreign agents” and complains that such a designation discredits these organizations. What the Post doesn’t tell its readers is that the Russian law is modeled after the American “Foreign Agent Registration Act,” which likewise requires people trying to influence policy in favor of a foreign sponsor to register with the Justice Department.

Nor do the Times and Post acknowledge the long history of the U.S. government funding foreign groups, either overtly or covertly, to destabilize targeted regimes. These U.S.-financed groups often do act as “fifth columnists” spreading propaganda designed to undermine the credibility of the leaders, whether that’s Iranian Prime Minister Mohammad Mosaddegh in 1953 or Ukrainian President Viktor Yanukovych in 2014.

Imperfect Leaders

That’s not to say that these targeted leaders were or are perfect. They are often far from it. But the essence of propaganda is to apply selective outrage and exaggeration to the leader that is marked for removal. Similar treatment does not apply to U.S.-favored leaders.

The pattern of the Times and Post is also to engage in ridicule when someone in a targeted country actually perceives what is going on. The correct perception is then dismissed as some sort of paranoid conspiracy theory.

Take, for example, the Times’ MacFarquhar describing a pamphlet and speeches from Nikolai Merkushkin, the governor of Russian region of Samara, that MacFarquhar says “cast the blame for Russia’s economic woes not on economic mismanagement or Western sanctions after the annexation of Crimea but on a plot by President Obama and the C.I.A. to undermine Russia.”

The Times article continues: “Opposition candidates are a fifth column on the payroll of the State Department and part of the scheme, the pamphlet said, along with the collapse in oil prices and the emergence of the Islamic State. Mr. Putin is on the case, not least by rebuilding the military, the pamphlet said, noting that ‘our country forces others to take it seriously and this is something that American politicians don’t like very much.’”

Yet, despite the Times’ mocking tone, the pamphlet’s perceptions are largely accurate. There can be little doubt that the U.S. government through funding of anti-Putin groups inside Russia and organizing punishing sanctions against Russia, is trying to make the Russian economy scream, destabilize the Russian government and encourage a “regime change” in Moscow.

Further, President Obama has personally bristled at Russia’s attempts to reassert itself as an important world player, demeaning the former Cold War superpower as only a “regional power.” The U.S. government has even tread on that “regional” status by helping to orchestrate the 2014 putsch that overthrew Ukraine’s elected President Yanukovych on Russia’s border.

After quickly calling the coup regime “legitimate,” the U.S. government supported attempts to crush resistance in the south and east which were Yanukovych’s political strongholds. Crimea’s overwhelming decision to secede from Ukraine and rejoin Russia was deemed by The New York Times a Russian “invasion” although the Russian troops that helped protect Crimea’s referendum were already inside Crimea as part of the Sevastopol basing agreement.

The U.S.-backed Kiev regime’s attempt to annihilate resistance from ethnic Russians in the east – through what was called an “Anti-Terrorism Operation” that has slaughtered thousands of eastern Ukrainians – also had American backing. Russian assistance to these rebels is described in the mainstream U.S. media as Russian “aggression.”

Oddly, U.S. news outlets find nothing objectionable about the U.S. government launching military strikes in countries halfway around the world, including the recent massacre of scores of Syrian soldiers, but are outraged that Russia provided military help to ethnic Russians being faced with annihilation on Russia’s border.

Because of the Ukraine crisis, Hillary Clinton likened Vladimir Putin to Adolf Hitler.

Seeing No Coup

For its part, The New York Times concluded that there had been no coup in Ukraine – by ignoring the evidence that there was one, including an intercepted pre-coup telephone call between U.S. Assistant Secretary of State Victoria Nuland and U.S. Ambassador Geoffrey Pyatt discussing who should be made the new leaders of Ukraine.

The evidence of a coup was so clear that George Friedman, founder of the global intelligence firm Stratfor, said in an interview that the overthrow of Yanukovych “really was the most blatant coup in history.” But the Times put protecting the legitimacy of the post-coup regime ahead of its journalistic responsibilities to its readers, as it has done repeatedly regarding Ukraine.

Another stunning case of double standards has been the mainstream U.S. media’s apoplexy about alleged Russian hacking into emails of prominent Americans and then making them public. These blame-Russia articles have failed to present any solid evidence that the Russians were responsible and also fail to note that the United States leads the world in using electronic means to vacuum up personal secrets about foreign leaders as well as average citizens.

In a number of cases, these secrets appear to have been used to blackmail foreign leaders to get them to comply with U.S. demands, such as the case in 2002-03 of the George W. Bush administration spying on diplomats on the U.N. Security Council to coerce their votes on authorizing the U.S. invasion of Iraq, a ploy that failed.

U.S. intelligence also tapped the cell phone of German Chancellor Angela Merkel, whose cooperation on Ukraine and other issues of the New Cold War is important to Washington. And then there’s the massive collection of data about virtually everybody on the planet, including U.S. citizens, over the past 15 years during the “war on terror.”

Earlier this year, the mainstream U.S. news media congratulated itself over its use of hacked private business data from a Panama-based law firm, material that was said to implicate Putin in some shady business dealings even though his name never showed up in the documents. No one in the mainstream media protested that leak or questioned who did the hacking.

Such mainstream media bias is pervasive. In the case of Sunday’s Russian elections, the Times seems determined to maintain the fiction that the Russian people don’t really support Putin, despite consistent opinion polls showing him with some 80 percent approval.

In the Times’ version of reality, Putin’s popularity must be some kind of trick, a case of totalitarian repression of the Russian people, which would be fixed if only the U.S.-backed “liberals” were allowed to keep getting money from NED and Soros without having to divulge where the funds were coming from.

The fact that Russians, like Americans, will rally around their national leader when they perceive the country to be under assault – think, George W. Bush after the 9/11 attacks – is another reality that the Times can’t tolerate. No, the explanation must be mind control.

The troubling reality is that the Times, Post and other leading American news outlets have glibly applied one set of standards on “enemies” and another on the U.S. government. The Times may charge that Bashar al-Assad has “impunity” for his abuses, but what about the multitude of U.S. leaders – and, yes, journalists – who have their hands covered in the blood of Iraqis, Libyans, Afghans, Yemenis, Syrians, Somalis and other nationalities. Where is their accountability?



Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).

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Hate on Colin Kaepernick if You Want, but You Can't Force Love of the Flag Print
Wednesday, 21 September 2016 08:31

Taibbi writes: "You can insist all you want that people pledge allegiance to the flag, but it seems like the more important thing would be making all Americans want to do so, and we're a long way from that."

Colin Kaepernick. (photo: Thearon W. Henderson/Getty Images)
Colin Kaepernick. (photo: Thearon W. Henderson/Getty Images)


Hate on Colin Kaepernick if You Want, but You Can't Force Love of the Flag

By Matt Taibbi, Rolling Stone

21 September 16

 

he following is a picture of 225 Park Hill Avenue in Staten Island, New York. There is a tragic and strange story that goes along with that multicolored tree.

Text. (photo: Matt Taibbi/Rolling Stone)

I thought of this place after watching Colin Kaepernick, Robert Quinn, Arian Foster and other NFL players engage in protests during the national anthem Sunday, continuing an increasingly bitter debate about the American flag and what it should and should not mean to people.

The Park Hill housing projects, a.k.a. "Killa Hill," is and was one of the rougher places in New York. Fans of gangsta rap will recognize the name because many of the Wu-Tang Clan members grew up here. Method Man called Park Hill "the house on haunted hill," the place where "every time you walk by, your back get a chill."

About a year ago, while researching a book about police brutality cases, I ended up at that spot. At the base of that tree, an African-American man had been suffocated in a choke-hold applied by police in an incident that inspired mass protests.

The man's name was Ernest Sayon, and he was killed on April 29th, 1994, in an episode that bore numerous similarities to the Eric Garner case.

Project residents decided to make a memorial to Sayon at the base of the tree. Since Sayon was the son of Liberian immigrants (there is a large Liberian population on Staten Island), the original idea was to paint the tree in the colors of the Liberian flag.

But there was a catch. Liberia, which was founded by freed ex-American and Caribbean slaves, designed its flag after the American flag. In fact, Liberia's flag is the only flag in the world patterned after the American flag. It's red, white and blue, with 11 stripes and a single white star against a blue background.

The Park Hill residents ended up painting the tree red, yellow and green, colors they associated with Africa.

When I asked some of the people at the spot why they couldn't paint the tree red, white and blue, a man about my age, a Liberian-American like Sayon, shook his head.

"Those America colors," he said.

There is a lot of bitterness in Middle America toward Kaepernick, whose decision to kneel in protest during the national anthem has been called contrived and self-promoting.

He's been blasted as an "attention-seeking crybaby" and denounced by everyone from Kid Rock to David Brooks. How could a backup quarterback with a $114 million contract have the gall to complain about the American way?

Brooks last week even wrote an open letter to high school athletes considering "pulling a Kaepernick," advising them that they should engage in "shared displays of reverence" (i.e., pledge allegiance) if they want others (read: white people) to view them as "part of their story."

Who knows what the specific motives were for Kaepernick's protest. But the people on Park Hill for sure didn't show a lack of "reverence" for media attention. That's just how they feel.

In that neighborhood, the flag is associated with the police, and with a criminal justice system most feel is stacked against them. (As with the Garner case, the police officers who killed Sayon were never indicted.) People there didn't want to be associated with the red, white and blue, not even by mistake.

You can insist all you want that people pledge allegiance to the flag, but it seems like the more important thing would be making all Americans want to do so, and we're a long way from that. You can't regulate people's feelings. 

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Defying the Supreme Court, Judges Deal Severe Blow to Separation of Church and State Print
Wednesday, 21 September 2016 08:25

Millhiser writes: "In its 2014 decision in Town of Greece v. Galloway, the Supreme Court upheld a town council's practice of inviting local clergy to deliver prayers at the beginning of its sessions. At the time, many commentators - including myself - warned that the Court's decision was a body blow to the wall of separation between church and state."

As Judge Wilkinson notes in dissent, a system that gives elected lawmakers sole power to set a prayer agenda 'takes us one step closer to a de facto religious litmus test for public office.' (photo: Reuters)
As Judge Wilkinson notes in dissent, a system that gives elected lawmakers sole power to set a prayer agenda 'takes us one step closer to a de facto religious litmus test for public office.' (photo: Reuters)


Defying the Supreme Court, Judges Deal Severe Blow to Separation of Church and State

By Ian Millhiser, ThinkProgress

21 September 16

 

Yeah, that’s not what the Constitution says.

n its 2014 decision in Town of Greece v. Galloway, the Supreme Court upheld a town council’s practice of inviting local clergy to deliver prayers at the beginning of its sessions. At the time, many commentators?—?including myself?—?warned that the Court’s decision was a body blow to the wall of separation between church and state.

Two years later, our initial fears appear to be overblown, largely due to a line in Town of Greece which has since proved quite significant. A legislature has broad discretion to host opening prayers “so long as [it] maintains a policy of nondiscrimination.” Christian lawmakers who wish to begin their session with a prayer may do so, but they must give a turn to Jews or Muslims or Wiccans or even Satanists who want an opportunity to deliver that prayer.

On Monday, however, a federal appeals court effectively wrote this key line out of Town of Greece. The upshot of the U.S. Court of Appeals for the Fourth Circuit’s 2–1 decision in Lund v. Rowan County is that government officials may themselves open a legislative session with explicitly Christian prayers?—?and may exclude all others from the opportunity to deliver a prayer, despite the Supreme Court’s explicit command to the contrary.

Though the Fourth Circuit is left-leaning court, this unusual decision in Lund almost certainly results from the fact that the case was assigned to an especially conservative panel. Judges Dennis Shedd and Steven Agee, both George W. Bush appointees, formed the majority. Judge J. Harvie Wilkinson, a Reagan appointee who was one of Bush’s finalists for the Supreme Court vacancy eventually filled by Chief Justice John Roberts, dissented.

As Judge Agee explains in his majority opinion, Town of Greece does give legislatures broad authority to open sessions with a prayer. The town council in that case “solicited guest chaplains by placing calls to local congregations listed in a directory.” Yet, because “nearly all of the local churches were Christian,” so were nearly all of the prayer givers. And “most invocations referenced some aspect of the Christian faith.” Nevertheless, the Supreme Court said that this scheme was permissible.

But Rowan County’s practices differ from the Town of Greece’s in two important respects. Rowan County does not simply invite outside clergy to deliver prayers. Rather, it delegates to its five commissioners?—?and only those five commissioners?—?the unchecked discretion to deliver a prayer of their choice on a rotating basis. As Agee admits, “the overwhelming majority of the prayers offered by the commissioners invoked the Christian faith in some form. For example, prayers frequently included references to ‘Jesus,’ ‘Christ,’ and ‘Lord.’”

Thus, the county placed sole power to decide the content of a particular sessions’ prayer in the hands of a government official. And it does not maintain “a policy of nondiscrimination” as required by Town of Greece. The only way one can have the opportunity to deliver a prayer before a Rowan County Board of Commissioners meeting is to be elected as a commissioner yourself.

Judges Agee and Shedd attempt to get around Town of Greece’s nondiscrimination rule by claiming that it is much narrower than the Supreme Court said that it is. “The Supreme Court’s prohibition on discrimination in this context,” Agee writes, “is aimed at barring government practices that result from a deliberate choice to favor one religious view to the exclusion of others.” He adds that “concerns arise only if there is evidence of ‘an aversion or bias on the part of town leaders against minority faiths’ in choosing the prayer-giver.”

But that’s simply not a fair reading of Town of Greece. Here is the relevant passage from the Supreme Court’s opinion:

Finally, the Court disagrees with the view taken by the Court of Appeals that the town of Greece contravened the Establishment Clause by inviting a predominantly Christian set of ministers to lead the prayer. The town made reasonable efforts to identify all of the congregations located within its borders and represented that it would welcome a prayer by any minister or layman who wished to give one. That nearly all of the congregations in town turned out to be Christian does not reflect an aversion or bias on the part of town leaders against minority faiths. So long as the town maintains a policy of nondiscrimination, the Constitution does not require it to search beyond its borders for non-Christian prayer givers in an effort to achieve religious balancing.

Here, the Court identifies several precautions Greece took to avoid running afoul of the Constitution, including making “reasonable efforts to identify all of the congregations located within its borders,” and representing “that it would welcome a prayer by any minister or layman who wished to give one.” Under these specific circumstances, the Court agreed that the town’s failure to actively seek out minority faiths that were not well-represented in Greece does not constitute impermissible bias.

But the Court never says that, absent evidence of aversion or bias, the rule against discrimination does not exist. To the contrary, the entire reason why the Supreme Court endorsed the prayer scheme at issue in Town of Greece is because this scheme complied with the nondiscrimination rule.

As a practical matter, this nondiscrimination rule has proven to be a potent weapon for groups seeking to preserve the wall of separation of church and state. It forces lawmakers who want to use legislative prayers to promote a Christian worldview to also accept invocations from other faiths. It also potentially forces them to decide whether their need to promote their own faith is so great that they are also willing to allow voices they disdain to participate.

Indeed, as a sign of just how potent the rule against discrimination can be, the Satanic Temple?—?a group that is part-religion, part-trolling operation and that does not actually worship the Devil?—?launched several campaigns to erect monuments to Satanic figures in government buildings that also display Christian iconography. They’ve also protested Bibles in public schools with literature of their own. (In fairness, Lund does acknowledge that legislative prayer is a special case, so it is unclear that the Fourth Circuit’s decision would impact the monuments and public schools cases.)

The Fourth Circuit’s decision in Lund, if it is allowed to stand, will also do far more than take away an important tool that can be used to maintain separation between church and state. It could also work profound harm to democracy. As Judge Wilkinson notes in dissent, a system that gives elected lawmakers sole power to set a prayer agenda “takes us one step closer to a de facto religious litmus test for public office.” In such a system “voters may wonder what kind of prayer a candidate of a minority religious persuasion would select if elected.” Meanwhile, a lawmaker’s “failure to pray in the name of the prevailing faith risks becoming a campaign issue or a tacit political debit, which in turn deters those of minority faiths from seeking office.”

It is far from clear, however, whether Agee’s opinion will be the final word in this case. Among other things, the plaintiffs can ask the full appeals court, which is dominated by Democratic appointees, to rehear the case.

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