Document Type
Article
Publication Date
1990
Publication Information
4 Benchmark 137 (1990).
Abstract
Laurence Tribe has usefully been described as a constitutional apologist for liberal political causes. His conspicuous opposition to the nomination of Judge Robert Bork to the Supreme Court and his imaginative defenses of Roe v. Wade have fueled that image. Tribe's "jurisprudence of the religion clauses" both confounds and complicates the picture. He sees no constitutional difficulty with public education vouchers, and defends the Catholic Church against "pro-choicers" who would strip its tax-exempt status because of the Bishops' "pro-life" activities. Tribe thinks that a public school moment-of-silence can be consistent with the Constitution and carves out a considerable zone of "permissible" state "accommodation" of religion, a position usually aligned with "conservative" bearings on the church-state compass. By far his favorite judicial analyses of church and state are those of Justice Sandra Day O'Connor.
Recommended Citation
Gerard V. Bradley,
Tribe's "Jurisprudence of the Religion Clauses",
4 Benchmark 137 (1990)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1871