- Sep 2021
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mmcr.education mmcr.education
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Stephen G. Breyer
I believe Justice Breyer is part of the majority. Similar to Justice Alito, he gives Layton several hypotheticals. Layton's argument toward these hypotheticals show discrimination by not giving benefits, such as policemen, to a church simply because it is religious. Justice Breyer also sounds annoyed and short with Layton.
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Neil Gorsuch
I think justice Gorsuch is another one of the majority voters here. He seems very secure on the basis of religious discrimination as opposed to the questions of sotomayor and kagan who seemed to recognize it as a possible issue with the inclusion of other religions. He already seems convinced that it was a case of discrimination against the church.
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For example, in that case, we have independent decisionmaking, which has been key to many of this Court's decisions.
Layton is in majority rule for the church funding the playground by his statement of independent decision making. He specifically says its in the hands of the state.
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Okay?
Based on Justice Breyer's tone in this section, which seems to indicate annoyance with the respondant, I'm going to conclude that he was one of the Justices who voted with the majority. While it is possible that his tone is merely a tool to probe the strength of Layton's legal argument, it sounds more like he has already made up his mind and is growing impatient with having to hear Layton's case.
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