This is an unbelieveably unconstitutional decision: GREENSBORO, N.C. — Traditionally, witnesses taking the stand in court are sworn in by placing their hand on the Bible . But when Muslims in Guilford County, N.C., tried to donate copies of the Koran for courtroom use, judges turned them down. Chief District Court Judge Joseph Turner says taking an oath on the … Read More
Fourth Circuit And Invocation Of Jesus
A few months ago, I blogged about a Fourth Circuit opinion which ruled against a woman who challenged her local government’s practice of beginning meetings with an invocation of a monotheistic God. The Fourth Circuit stupidly said that the practice did not violate the Establishment Clause because, to put it bluntly, only monotheism is protected by the Establishment Clause. (I … Read More
Carry The Card!
Libertarian Radley Balko (via The Poor Man): For quite awhile now, I’ve flirted with the idea of joining the ACLU, mostly for the organization’s work on drug laws, upholding criminal protections, and its opposition to the PATRIOT Act. Problem is, each time I come close to joining, the ACLU takes some public, statist position on the ADA, affirmative action, speech … Read More
Bush, Roberts and Government Secrecy
The Bush White House is once again play hide-and-seek, this time with memos written by Supreme Court nominee John Roberts. While they are turning over some documents from Roberts’ past, they are refusing to turn over documents from 1989 to 1993, when Roberts was deputy solicitor general. The stated reason? Attorney-client privilege. A-C privilege is a sticky wicket, but it … Read More
Roy Moore – Potential Pain in the GOP Ass?
The Boston Globe suggests an interesting future scenario. Roy Moore, the former chief justice of the Alabama Supreme Court who refused to follow a federal court order to remove a Ten Commandments monument from the state’s judicial building, is pretty popular in Alabama. And he’s set to run for Governor in 2006 against a rather lackluster tax-raising incumbant governor. If … Read More
Judicial Activism
It’s one thing (a constitutional thing) for a private citizen to criticize another citizen’s religion, but this is entirely different . . . and unconstitutional: An Indianapolis father is appealing a Marion County judge’s unusual order that prohibits him and his ex-wife from exposing their child to “non-mainstream religious beliefs and rituals.” The parents practice Wicca, a contemporary pagan religion … Read More
Legislating From The Bench
When the President came out against "legislating from the bench" did that mean he’s no longer supporting Janice Rogers Brown? Here’s the Alliance for Justice’s writeup: Justice Brown’s disdain for government runs so deep that she urges “conservative” judges to invalidate legislation that expands the role of government, saying that it “inevitably transform[s]… a democracy … into a kleptocracy.” Following … Read More
What Digby Says: “The Stakes Couldn’t Be Higher”
Reprinted in full from here, because it’s that good: I am edified to learn that Dr Bill Frist, cat slayer, and Dr James Dobson, dauchshund beater, are joining hands to kill the independent judiciary. (As I have said before, while it’s true that not all animal abusers become serial killers, it is true that the vast majority of serial killers … Read More
False Dichotomy – A Rant
Take a look at this poster: Now what is it saying? It is saying that in order to serve as a judge, you must abandon your Christian faith, because you cannot do both, yes? Apparently, the right wing is in favor of the idea that judges should be able to follow their faith over what judges are supposed to be … Read More
The Judeo-Christian Council for Constitutional Restoration
The title of this two-day conference — Confronting the Judicial War on Faith — is very revealing about those on the right and the overreaching hyperbole they use to "rally the troops". There is no WAR, kids. And out of several thousands verdicts and decisions handed down in courtrooms across the country each day, only a few of them could … Read More
A Terri Schiavo FAQ
THE FOLLOWING IS LIFTED VERBATIM FROM FOOTBALL FANS FOR TRUTH, WHO DID THE WORK SO I DON’T HAVE TO: Confused about the differing stories in the Schiavo case? Wondering about who to believe? Here’s some answers to common questions. I strongly recommend Abstract Appeal’s Terry Schiavo’s Information Page as an unbiased source of information from a Florida lawyer who has … Read More
Full Eleventh Circuit To Terri’s Parents: No
Another victory for Terri in a 24 hour span. The vote was 10-2. And this is a conservative appellate court. I feel bad for the parents, but hopefully all these NEW courts going against them will help them to come to grips with reality. UPDATE: It’s not clear from the press reports whether the full appellate court affirmed the appellate … Read More
Judge Wishes He Stayed In Bed
U.S. District Judge James D. Whittemore, whom Clinton appointed in 1999, received the lawsuit filed by Terri Schiavo’s parents via email about 4:30 a.m. — about a half-hour after he was assigned the case via random computer selection.