From Full Court Press:
“On March 17, the Sixth Circuit issued a split 2-1 decision allowing the state of Tennessee to discriminate against the political views of some if its citizens. The two Republican appointees (appointed by Reagan and Bush II) in the majority said it was OK for the state to produce “Choose Life” license plates requested by abortion opponents, but to refuse to produce pro-choice license plates requested by reproductive rights supporters.
“This decision is so out-of-step with First Amendment law that even the conservative Fourth Circuit – including J. Harvie Wilkinson and J. Michael Luttig, both on President Bush’s “short list” of Supreme Court nominees – reached the opposite conclusion when the issue came before their court. (Read the Fourth Circuit opinions here and here).
“Tennessee authorizes more than 150 “specialty” license plates requested by private organizations, including the “Choose Life” plate. These plates contain a variety of political and sometimes controversial messages, including one featuring a Confederate flag requested by the Sons of Confederate Veterans. Despite its rather permissive approval practices, the Tennessee legislature refused to authorize a request for a pro-choice license plate, despite authorizing the “Choose Life” plate in the same proposed legislation.” …
–Stephanie Farrior
