Apparently you don't know or don't understand. You have been arguing this for several posts.
A law outlawing murder is obviously constitutionally justified. It is neutral and generally applicable and so will not face strict scrutiny. Even if it did it would pass that easily as the state's primary interest is in protecting citizens from violent criminal acts.
Right, another more fundamental right is in play! I do understand, that's exactly what I have been arguing, and you have been trying to avoid.
The mosque does not involve human sacrifice nor does it impinge on anyone elses rights in any significant way.
Yes, it would impinge on the safety of those living and working in proximity of the controversial mosque. The state has a primary interest in protecting citizens from violent crimes, you said that yourself.
That's not a relevant fact at all. It has nothing to do with the case.
I'm going to tell you again, Judge Wapner... EVERYTHING associated with this, is a relevant fact! YOU don't get to pick and choose which facts are presented to a court! They can introduce into evidence, the fact of who is funding this mosque, and delve into their motivations as well. Nothing is off the table, or hidden underneath the table, in a federal court case regarding civil liberties.
You are still not getting it. I give up, you are too fucking stupid to be reached. A case would certainly have to be made that the state action was unconstitutional. I was not arguing that that result is obvious. Again, what is obvious is that a state action to stop them from building a church impinges upon the practice of their faith. That would not be debated. The case would deal with whether the action is permissible.
You are flat out wrong Stringy. Whether something impinges on their faith, has to be determined before a case can be heard on whether it is permissible. It's a two part deal! First, the plaintiff has to establish "show cause" and the court has to determine if their complaint can be heard. You are assuming this is a given, but in actuality, it is often the most difficult aspect of any civil liberties case. Once 'show cause' has been established, the court proceeds to hear the evidence (facts) from the litigants, both the plaintiff and defendant.
That's nothing but a straw man. No, they don't have to get the courts approval to act. My point has been clear, that judicial review does not treat every state action as being constitutionally valid.
I never claimed the court treated every state action as being constitutional. There you go, reading shit I didn't post again! Do I need a rolled up newspaper to thwack you on the nose when you do that? We've got to come up with something to break that habit, because it makes dialogue with you impossible.
They can act and they can end up paying for lawsuits.
As is almost ALWAYS the case!
Nonsense. The taking is clearly motivated by religious bias. There would be no threatened taking if this were a YMCA.
Which is probably why the left is trying to paint this mosque as a glorified YMCA, and not a Trophy of Islamic Conquest! Prohibiting me from sacrificing my virgins to the volcano, are CLEARLY motivated by religious bias!
Kelo, is going to be overturned or limited in its reach.
There you go predicting the future again! Do you clean your crystal balls weekly or monthly? Because it's a shame to have dirty balls!
Stutter, no you are just a fucking idiot. The court certainly can determine the motivation was not what the state claims. That's not prejudice moron. It is a position derived from the facts.
I never said the court couldn't "determine" it, I am merely pointing out they won't go into the case 'assuming' it, or taking a biased one-sided view of it. If they are guilty of pre-judging it (prejudice), they must recuse themselves. When you are speaking on this, you are using words which indicate they would already be prejudiced and disqualified from rendering a fair judgment. The way our judicial system works, the defendant is presumed innocent until proven guilty, not the other way around. Both sides enter the court on even ground, there is no preconception of who is right and who is wrong. It's not the burden of the state to prove they are within their rights, it is up to the plaintiff to prove the state violated their rights without reasonable justification.
You probably will not have to wait long. Walker gave the EXACT ruling you were told would come. Shoot, he followed my arguments so closely it's like he referenced them.
Oh goody! We get to have a ratification of a new amendment to the constitution! I am so stoked! When will this come about, Stringy? Look into your crystal balls and give me a hint?
In what period of time? If the state does act, which I doubt, resolution could be delayed for several years.
What's the definition of "build the mosque" for purposes of the bet? Are you going to later try to say they only built an Islamic cultural center?
If we are going to make a bet we will have to close off the avenue that you would look to to weasel out of your error. Too many times you have tried to retroactively change your argument in oprder to save face.
Yes, it's going to be delayed for years and years. There are a number of legal avenues to be explored, which will hang up any construction. See, there's this matter of overwhelming public opposition, which you seem to be oblivious to. Generally speaking, when 70% of the people don't want something to be built, it doesn't get built.