Kid 'n Play

The Lock v. Davey decision is now available. It is a 7-2 decision written by C.J. Rehnquist. Rather than rely on the text of the Constitution, Rehnquist applies the "play in the joints doctrine." The doctrine "play in the joints" seeks to answer this question: Is it true that every time a funding decision would not violate the Establishment Clause then States must fund religious and non-religious groups equally or else violate the Free Exercise Clause? In other words, if a "faith-based" initiative would not violate the Establishment Clause, then must the State and Federal governments fund these initiatives because the Free Exercise Clause requires non-discriminatory funding?

Incidentally, this is not the first time "play in the joints" has been risent. See Groh v. Ramirez (No. 02-811), a Fourth Amendment case. Oral Argument Transcript at 40, Lines 20-24.
(Rehnquist asks: "Of course, that's really not what the Fourth Amendment says, is it? It just - it doesn't say you need - you need - I mean, surely there's some play in the joints, isn't there? It's - it categorically
prohibits unreasonable searches and seizures, right?")