I see. There could be a case made for it then. I thought his real beef with them was that they were "obscene". I guess he could jump on the whole separation thing and try and get rid of them. It would be his style.
Greek mythology is at best a dead religion. There is no possibility that these statues could be construed as 'establishment' by any sane person. The commandment thing is a blatant violation of the 1st amendment (applied to the states via the 14th) . The judge actually said that the purpose of the monstrosity in the rotunda was to promote his particular version of Christianity. The commandments are not the issue, the manner in which they are displayed and the intent are the issues.
OTOH ashcroft is certifiably insane so anything is possible.
If this eventually gets heard by the supremes I am willing to bet we see a nine to zero ruling against the judge. He can't afford to come out in favor of the judge or he would be validating the Dem's objections to extremest conservative judges and solidifying the stereotype of southern religious extremists. You can bet bush has told ashcroft to keep his mouth shut. He can't come out against the judge because he will risk alienating a large portion of the conservative base. This is a lose lose situation for the bushies.
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