The federal 6th Circuit Court of Appeals appears to have a problem with frisky federal district judges flouting its precedents, not unlike the segregationist district judges who defied Brown v. Board of Education for more than a decade.
Although the 6th Circuit (Kentucky, Michigan, Ohio and Tennessee) held in 2005 that it is Constitutionally permissible to display the Ten Commandments on public premises, a district judge entered the American Civil Liberties Union's requested order to permanently enjoin Grayson County from displaying the Ten Commandments on the second floor of its courthouse.
The ACLU is on a losing streak with these cases, according to Liberty Counsel's Matthew Staver, and it has never requested certiorari from the U.S. Supreme Court to settle the matter. Why not? Staver suggests they know they would lose, and that precedent would then be binding nationwide.
There is something else at work here: the ACLU is bringing its suits against cash-strapped rural counties that can't afford to pay buttoned-down Constitutional litigators to fight these guerrilla wars against the ACLU, which is larglely staffed by "volunteer" attorneys from large law firms that discharge their pro bono obligations by dispatching its associates to the ACLU.
To meet the bar association's pro bono obligation by sending your underlings to the ACLU to haze some earnest but underfunded rural Christians is a pretty nauseating example of "malicious compliance," don't you think? Congratulations, Dewey,Stickham & Howe, you're really "giving back." I guess acting as guardian ad litem for a foster child just wouldn't give quite the adrenaline rush you're looking for. Oh, and no headlines. You wouldn't want to waste your associates on THAT kind of pro bono.
This particular case had a happy ending, but the ACLU almost certainly intimidates at least a dozen small, precarious county governments for every Grayson or Mercer County that gets on the horn to nonprofit defenders like Staver or Jay Sekulow. This is the same strategy the ACLU uses to suppress Christian speech at sporting events and graduation ceremonies. If anybody fights them all the way through the federal courts, the ACLU & similar totalitarians have a losing case. But most people don't want to fight, or they don't know they can fight, so they just fold. This is the genius of the ACLU.
Display with Ten Commandments Ruled Constitutional by Court of Appeals
(LifeSiteNews.com) - On Thursday the Sixth Circuit Court of Appeals ruled in favor of a display including the Ten Commandments in Leitchfield, KY, on the second floor of Grayson County's courthouse.
The display, entitled "Foundations of American Law and Government," includes the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, Bill of Rights, Preamble to the Kentucky Constitution, Star-Spangled Banner, National Motto, and a picture of Lady Justice, with an explanation of the significance of each. The display is intended to showcase a sampling of documents that played a significant role in the development of the legal and governmental system of the United States.
The majority wrote in their decision that they found that "the evidence in the record does not demonstrate that Grayson County acted with an impermissible purpose or that the inclusion of the Ten Commandments in the Foundations Display has the impermissible effect of endorsing religion."
Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, presented the winning oral argument on behalf of Grayson County in April 2009. The case began in 2002 when the ACLU filed a lawsuit against Grayson County, and a federal judge ruled against the display.
In 2005, the same Sixth Circuit Court of Appeals upheld the same Ten Commandments display in Mercer County, KY. The Sixth Circuit governs Kentucky, Ohio, Tennessee and Michigan. Notwithstanding this identical and controlling precedent, the federal judge entered a permanent injunction against the Grayson County display. Thursday's decision, however, reversed and upheld the display.
"The Ten Commandments are as much at home in a display about the foundation of law as stars and stripes are to the American flag," said Staver. "The Ten Commandments are part of the fabric of our country and helped shape the law.
"It defies common sense to remove a recognized symbol of law from a court of law. The ACLU might not like our history and might run from it, but the fact remains that the Ten Commandments shaped our laws and may be displayed in a court of law."
Staver said that he doesn't believe the ACLU will ask the Supreme Court to review the case. "The ACLU has been running from the Supreme Court since 2005," he said, "and has taken loss after loss on the Ten Commandments."
Since 2005, when Staver argued in favor of the same Foundations Display for McCreary and Pulaski Counties, four federal courts of appeal have upheld the Ten Commandments. Three of these four involve the same Foundations Display. Since 2005, every federal court of appeals which has addressed Ten Commandments displays has upheld them. The ACLU has not won a Ten Commandments case at the court of appeals level since 2005.
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