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Supreme Court Trivia:
Which Supreme Court Justice wrote the following in a solo dissent: "A mosque in Fez, Morocco, that I have visited, is, by custom, a sanctuary where any refugee may hide, safe from police intrusion."
(a) Justice Alito
(b) Justice Holmes
(c) Justice Douglas
(d) Justice Breyer
(e) Justice Thomas
Richard Riley (mail):
Got it! Something about the self-satisfied tone.
5.2.2008 6:02pm
john:
It is one thing to cite foreign law, but at least no current Justice is in the habit of citing personal anecdotes from his international travels. See also Paris Adult Theater I v. Slaton (dissenting) ("One of the most offensive experiences in my life was a visit to a nation where bookstalls were filled only with books on mathematics and books on religion.").
5.2.2008 6:13pm
Alan Gunn (mail):
Too easy.
5.2.2008 6:22pm
liberty (mail) (www):
Interesting. I wonder what qualifies as a "refugee" in that case? Does that count any criminal trying to escape the police?
5.2.2008 6:33pm
Scote (mail):
OT
The auto play phony free ipod ads with audio are really obnoxious. Perhaps the site can find a way not to have autoplay ads with the audio up.
5.2.2008 6:48pm
Kazinski:
What Mosque in Fez allows unbelievers to visit? I was there just two weeks ago, and while visitors can peer into the Mosques from the doorstep, I don't think any Mosques in the medina allow non-believers. I suppose you can visit a mosque without actually going inside. He may have been speaking about the Ville Nouvelle, but I doubt it, in that case "custom", wouldn't be an appropriate term to use, as any mosques there would likely be much less than 100 years old when Douglas would have visited.
5.2.2008 6:49pm
OrinKerr:
Scote, I totally agree -- it's uber annoying.

Kazinski,
Certainly wouldn't be the 1st time WOD was creative about such things.
5.2.2008 7:00pm
Spartacus (www):
What Mosque in Fez allows unbelievers to visit? I was there just two weeks ago, and while visitors can peer into the Mosques from the doorstep, I don't think any Mosques in the medina allow non-believers.

This is an intesting question; I have found that receptivity to non-Muslim visitors in mosques around the wolrd is proportionate to how threatened local Muslims feel, though that is not the sol edeterminant (viz., the total prohibition on visitors to Mecca). I was completely unaccosted when giving the sign of the cross in the Ummayyid mosue in Damascus. I was watched much more closely in the Dome of the Rock, and actually asked to leave the cave beneath it, though I took no actiosn at all, other than facing Mecca with the rest of the occupants. I was also prohibited from brining in a camera. But I was also unaccosted at the mosque in Hebron, even when I meditated for ~15 min., though I was asked if I was Jewish at the entrance (by IDF guards). I've never been to Fez. What is the climate of tolerance there?
5.2.2008 7:08pm
ECJ:
Please, what's wrong with using a one-sentence personal anecdote to make an opinion more interesting to read? I thought it set up the next sentence nicely: "We have no such sanctuaries here. A policeman in 'hot pursuit' or an officer with a search warrant can enter any house, any room, any building, any office."
5.2.2008 7:12pm
AnonNerd:
It could be more awesome only if that were the entirety of the dissent.

MR. JUSTICE DOUGLAS, dissenting.

A mosque in Fez, Morocco, that I have visited, is, by custom, a sanctuary where any refugee may hide, safe from police intrusion.

[End dissent.]
5.2.2008 7:13pm
InfoTainment:
As for what Douglas is referring to...

It's the Zaouia of Moulay Idriss II.

Apparently, non-Muslims are not allowed into the area within which sanctuary may be claimed.

Look at page 217.
5.2.2008 7:51pm
egn (mail):

It is one thing to cite foreign law, but at least no current Justice is in the habit of citing personal anecdotes from his international travels.



*Ahem*

"On September 11, 2001 I was attending in Rome, Italy an international conference of judges and lawyers, principally from Europe and the United States. That night and the next morning virtually all of the participants watched, in their hotel rooms, the address to the Nation by the President of the United States concerning the murderous attacks upon the Twin Towers and the Pentagon, in which thousands of Americans had been killed. The address ended, as Presidential addresses often do, with the prayer 'God bless America." The next afternoon I was approached by one of the judges from a European country, who, after extending his profound condolences for my country's loss, sadly observed 'How I wish that the head of state of my country, at a similar time of national tragedy and direstress, could conclude his address 'God bless _____.' It is of course absolutely forbidden.'"

The ever apolitical Scalia, J., dissenting in McCreary Co. v. ACLU of Kentucky
5.2.2008 9:06pm
OrinKerr:
egn,

Nicely done.
5.2.2008 10:53pm
john:
egn,

Well played. And who am I kidding? I like it when judges sprinkle in a little personal anecdote. In fact, I still chuckle every time I think of Justice Black's classic: "Although I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon, I never understood the Constitution to require a State to give such preference."
5.3.2008 12:23am
Juan (mail):
The catholic Crurch emnassy served as santuary for the archibishop that directed the Rwanda genocide.Its a not custom , or wasnt, but canonic law at lesat until 1982
5.3.2008 1:07am
Eli Rabett (www):
When did Douglas visit Moracco? When it was run by the French? That could make a difference re visiting the mosque.
5.3.2008 1:08am
Hoosier:
Yeah. No sanctuary law in the US leads to some nasty stuff.

I still remember a case from, geez, almost 40 years ago now: A San Francisco cop chased a suspect into a Catholic Church, and then knocked him unconscious when the priest asked to see his badge. Luckily, the cop's partner had followed him into the church, since the hoodlum's accomplice was already taking refuge in the church, and was ready to shoot the first cop. The cop would have been killed, too, if his partner hadn't plugged the second hood--right in church!

Lucky for him, too, since his partner was very inexperienced. I think she'd been promoted recently as part of some "affirmative action" program the city had instituted.

Anyone have a cite for this one?
5.3.2008 1:28am
JB:
Mosques in Egypt and Turkey, even working ones, are generally open to nonbelievers except during the time of prayer. And if you know how to perform salat and can act the part, you can get in even then.

I've found that it's the size of the mosque that matters--if there's always someone there, or if the faithful are always going in and out (Islam is quite lax on exact prayer times, and you can pray whenever's convenient pretty much right up to the time for the next prayer, so large mosques have a few people praying pretty much 24/7), you can get in. Smaller mosques tend to close except at the main prayer times.
5.3.2008 2:27am
loki13 (mail):
Hey OK,

Just wanted to chip in with a quick comment if you're still reading. As much fun as the penumbras and emanations line is, it is no more a conservative than a liberal bogeyman. It is simply a shorthand for a structuralist argument for the Constitution. Liberals like privacy, which can be found in the structure of the other Bill of Rights. Separation of Powers is found in the structure of Article I, II, and III. Finally, don't get me started on Alden v. Maine, and the penumbras and emanations of the 10th and 11th amendments (or the general structure of the Constitution and state sovereignty).
5.3.2008 1:21pm