Supreme BS

Created
Sun, 10/09/2023 - 08:30
Updated
Sun, 10/09/2023 - 08:30
And a grifter gets his gig It’s football season and all the players and coaches are back on the field: But Joe Kennedy won’t be among them. The assistant coach of the Bremerton High School football team in Washington state quit his job after participating in just one game last week. Kennedy’s employment status is generally not worthy of national attention on its own terms. This particular coach, however, waged an eight-year legal battle to reclaim that job and got the Supreme Court to reshape the balance between church and state in public schools along the way. He won the case, he got his job back, and then he quit almost immediately. I have written before about the Supreme Court’s tendency in recent years to take what I have charitably described as “phantom docket” cases. But these might be more simply described as fake: They rest upon nebulous theories of standing, hypothetical injuries, and right-wing causes célèbre. Phantom-docket cases have allowed the court’s conservative majority to rewrite precedents while avoiding any immediate real-world consequences of their rulings. Yet even by those standards, Kennedy’s case might be the most phantasmal of them all. The basic course of events was as follows. Kennedy worked as a part-time assistant football coach in Bremerton. He often prayed before and after football games, at first silently by himself and then with students. After the school district learned of the prayers with students many years later, they conducted an inquiry into the practice and, fearing litigation, tried to get him…