Another victim of the secular progressive Kulturkampf and the Supreme Court's incoherent Establishment Clause jurisprudence.*
* [eta] As if on cue, and proving truth in sarcasm:
KENNEDY, J., announced the judgment of the Court and delivered an opinion, in which ROBERTS, C. J., joined, and in which ALITO, J., joined in part. ROBERTS, C. J., filed a concurring opinion. ALITO, J., filed an opinion concurring in part and concurring in the judgment. SCALIA, J., filed an opinion concurring in the judgment, in which THOMAS, J., joined. STEVENS, J., filed a dissenting opinion, in which GINSBURG and SOTOMAYOR, JJ., joined. BREYER, J., filed a dissenting opinion.Had to take a shoe off to keep track of that.
("I didn't know we had so many justices," Rehnquist quipped.)
It's notable that Justice Sotomayor has aligned herself with Justice Stevens, the closest thing to a strict separationist since Hugo Black.
A wise Latina, indeed.
Salazar v. Buono (.pdf, 71 pgs.)