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Discussion in '2003 Archive' started by LadyEagle, Aug 20, 2003.
If someone gets any details, please post.
Moore filed a motion today asking the Supreme Court to stay the order to remove the display. The Court refused to issue a stay. (Two lower courts also refused to issue a stay).
This is not the same as the USOC refusing to hear the 10C case, as no case has been brought before them.
God Bless the Supreme Court of the USA. The court of all the people. Here is a good quote from BL.Com:
Oops, I meant to say SCOTUS (Supreme Court Of The United States). USOC is the United States Olympic Committee. As far as I know, they have no judicial power, at least not yet .
This is not primarily a religious issue, it is a States' rights(as defined by the U.S. Constitution) issue and a 1st amendment issue as no law has been passed concerning this monument that violates the 1st amendment. The monument was paid for by private funds and the chief justice of Alabama is in charge of the decorating of the building.
This is from the AP story on Yahoo:
The Supreme Court has never ruled on the constitutionality of such indoor and outdoor government displays. In 1980, the court barred Ten Commandments from classroom walls in public schools.
The justices' refusal to intervene was not a surprise. An appeals court had twice refused to give Moore a stay.
"It's not like somebody's about to face execution, if the court doesn't enter a stay the person will be dead and the appeal will be moot," said David Frederick, a Washington attorney who specializes in Supreme Court practice. "If the Supreme Court were to decide it's constitutional, it can always be put back."
Moore had pledged last week to defy the judge's order. His emergency stay request was filed Wednesday with Justice Anthony M. Kennedy, who oversees cases from Alabama. Kennedy referred it to the full court, which said in a one-sentence order that it was rejected.
Moore has already asked the Supreme Court to consider whether the judge overstepped his bounds in the case, and a second appeal in the Ten Commandments case is expected. Those could take months to resolve.
Looks like the U.S. Supreme Court will finally have a chance to make a ruling. Let's hope they follow the U.S. Constitution's provisions on States' rights and not liberal mumbo-jumbo.
From what I heard today, it may be that the lawyers for Judge Moore made a legal miscalculation by not immediately asking the district judge for a stay, rather than filing a writ of mandamus with the Supreme Court. If they had asked for the stay in a timely fashion, they probably would have received it. The statue would have remained until the appeals process was expended. As it was, their request was filed too late. At least this is what some legal commentators that I heard on the radio believed.
I agree with you Ken. Anyone who reads my posts know I am certaintly not part of the Religious Right and oppose most of their agenda BUT I think this is a States Right issue. The Feds telling a State Court what they can display is disturbing. We are quickly going from being the United States of America to the United State of America ranging from Bush's Patriot act and now Federal courts dictating to States.
Yep. And we have already gone from being these United States of America to being the United States of America.
>>>>>The Feds telling a State Court what they can display is disturbing.<<<<<<<<
This is nothing new and is not disturbing. The proper jurisdiction of the Supreme Court of the United States includes all of the states, including the state courts. If you are arrested, you are read your "Miranda" rights, because the Supreme court has ruled that you must be advised of your rights to a lawyer. State law cannot set that aside and likewise state law cannot trump federal law in the matter of church and state.
Indications are that Judge Moore will be fined five thousand per day until he complies. Anyone here want to help pay the fine?
And in this instance no state law has been passed that violates anything federal.
Exactly! No state law has been passed to trump Federal law. The Supreme court itself has a mural of the 10 commandments, In God We Trust is on Federal money, Prayer is said before Congress. This is Federal power trying to make an example out of State power. The issue is States rights not Separation of Church and State.
I have to wonder what Judge Moore is thinking when even considering defying the stay. It's far from obvious that he will ultimately lose at the Supreme Court on the merrits. Why anger the judges likely to decide his case?
This subject upsets me. But, The good LORD, knew it would happen. right now we are very lucky to have the president we have. Not that I agree with everything he said. But, he's holding Bible studies in the White House. I'm wondering what he thinks of this. You cannot pick up a dollar a penny nor a quarter without seeing in GOD we trust. I wonder how many people are willing to give up every dollar, coin, ext they have to stand on this. It's silly. This country was founded on religious freedom. Those freedoms are quickly going away. It's going from "founded on GOD" to "founded on whatever you want to do no matter wether it's correct or incorrect.. WHO knows what is correct anyway." I would rather have GOD tell me what is correct in his word. Rather than a GREEDY CEO, Senator, or other offical.. who was worried more about being liked than doing the right thing. COME on people Do what is right!!
(did i get a little carried away )
God Bless you all
GOD BLESS AMERICA
The display would be legally allowable if it were not for the purpose of respecting an establishment of religion. Judge Moore has stated very bluntly that the display is for a religious purpose.
Lea, there's a difference between having "In God We Trust" on the U.S.'s money, and havng the Ten Commandments posted in a courtroom. I would have thought it would be rather obvious. A courtroom is a place where a defendant is judged innocent or guilty, and if there was a monument for a certain religion, people not of that religion would not feel they are getting a fair trial. Would YOU feel you are getting a fair trial if verses from the Koran were posted in a courtroom and you are a Christian? Of course not. By contrast, having "in God we Trust" on money is relatively benign, and nobody's welfare is being compromised.
By supporting the removal of this plaque, we are ultimately protecting ourselves. Too many people see this as a black-and-white issue of "Save Christianity". It isn't.
In truth, with Judge Moore proving himself to be such a zealot, I do sort of fear for the people in his courtroom.
Isn't the monument in the lobby?
Considering that Christianity has brought about the fairest, most equal justice system in the world, I would think anyone, regardless of his religion, would find comfort in knowing that the Bible is highly regarded in a legal system.
I agree Brett. I am waiting now for some Islamic person to put up their set of rules. And they will say if we have the Ten Commandments they can have theirs. And so the courts will allow it.
Just a matter of time now.