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9 Harv. L & Pol'y Rev. Online 1 (2015)

handle is hein.journals/hlpron9 and id is 1 raw text is: 



           Ratifying the Wrong Consensus and
      Aggregating Inconsistently: Town of Greece
                           v. Galloway


                             Tom Watts*

                           INTRODUCTION

     The Town of Greece, New York, used to open its town board
meetings with a moment of silence. Beginning in 1999, however, the
town board replaced the moment of silence with sectarian religious
prayer. Ministers face the public and ask them to take part in the prayers.
The prayers are nearly always Christian; while in principle any religion
could be represented, the guest chaplains are drawn from congregations
within the town boundaries and listed in the town's community guide,
which nearly always resulted in Christians being chosen.
     In Town of Greece v. Galloway,' the Supreme Court held 5-4
(along standard conservative/liberal lines) that this sectarian prayer to
open town board meetings did not violate the Establishment Clause. In
this Comment, after briefly summarizing the case and the five resulting
opinions, I will address the majority's approach to respecting
longstanding practices of the legislative branch. I compare this approach
to stare decisis, and I will express concerns that the majority may not
have approached this issue appropriately. I will also examine Justice
Kagan's dissent and argue that the position it advanced is not congruent
with the reasoning it employed, because it shifts its level of aggregation
unnecessarily.



* JD/MPP candidate, Harvard Law School and Harvard Kennedy School (expected graduation May
2015). My thanks to the Harvard Law & Policy Review Online Editors for their helpful feedback on
earlier drafts.
1 134 S. Ct. 1811 (2014).

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