Arguably because they're mandating language used for a Cecil B DeMille marketing campaign that isn't actually the liturgy of any faith they aren't violating the establishment clause?
I mean, it's a bad argument. It's basically a garbled KJV text. But I wouldn't put it past them to try the argument.
Yes. It absolutely is. They don’t care. They’re doing this specifically to create a new precedent, and a new law, now that they have a Federalist Society SCOTUS that might support them.
The more I consider the establishment clause, the more I am worried it's yet another example of America building on sand. So many of the protracted constitutional battles come from the fact that the document really isn't well written, nor are its amendments, nor the body of precedent following.
"Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect."
-Frank Wilhoit, composer
