The court granted certiorari in part because the 8 th Circuit decided a similar case in favor of the Good News Club. Scalia is immediately up in arms about the 2 nd Circuit's decision to uphold the district court by ignoring the holding of Lamb's Chapel . When asked by O'Connor whether a church would be permitted to conduct an entire church service on school grounds, he answers yes. Ginsburg wonders whether he might have an Establishment Clause problem if that church service happened at the same time as, say, a Boy Scouts meeting. Scalia, who's lobbing softballs, makes Marcelle explain to Ginsburg that the Supreme Court upheld the religious group's right to pray in Widmar .
Counsel learns quickly to just say yes and no to the justices' very, very leading questions.
Souter cuts him off. I should never spurn Justice Scalia's help, but I think you understood my question. The gallery cracks up. Score one for Souter. When counsel tries to answer, Scalia again helps him out.