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10 Commandments case heads back to court |
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Written by Andrew Powell
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Tuesday, 13 October 2009 |
The 10-year battle over the posting of the 10 Commandments in the McCreary County Courthouse is retracing earlier steps made to the 6th Circuit Court of Appeals in Cincinnati. The trip could just be a layover, as those closest to the case expect to take their argument back to the U.S. Supreme Court.
The 10-year battle over the posting of the 10 Commandments in the McCreary County Courthouse is retracing earlier steps made to the 6th Circuit Court of Appeals in Cincinnati. The trip could just be a layover, as those closest to the case expect to take their argument back to the U.S. Supreme Court.
A three-judge panel from the Court of Appeals will once again hear oral arguments surrounding the constitutionality of the postings; framed in a display denoting the historical significance of the Commandments alongside other documents as a basis of American law.
“There is no question, at some point when the case is ready, we will again ask the Supreme Court to hear the case,” Liberty Counsel Attorney Matt Staver, who has acted as counsel for the county since the case began, told King of Kings Radio recently. “That is what we need to keep our focus and attention on.”
Staver’s battle on behalf of McCreary and Pulaski began in 1999 following a lawsuit filed by the American Civil Liberties Union claiming courthouse displays containing the 10 Commandments were unconstitutional; a violation of the establishment clause. U.S. District Court Judge Jennifer Coffman initially ruled on the side of the ACLU, noting religious intent behind the displays, and ordered them removed.
The counties appealed that decision to the 6th Circuit where the three-judge panel ruled on the side of Coffman. In 2005, the case moved to the U.S. Supreme Court, where once again, Coffman’s injunction was upheld due to review of the intent behind the original postings.
Following that ruling, the case was referred back to U.S. District Court where Coffman finalized her ruling permanently barring the displays. The ACLU followed with a motion for summary judgment in the case, which included a request for nearly $400,000 in legal fees from the counties.
That is where the recent move for appeal began. The same three judges will again review the case.
“This is a continuation of the appeal process because there is only that little window in there that says the displays were unconstitutional because of the intent,” McCreary County Judge-Executive Blaine Phillips said this week. “But, at the same time there have been court decisions all over the country that says these displays, without looking at intent, are constitutional.” Phillips is referring to a Mercer County case where the 6th Circuit Court ruled an exact display was constitutional, but Mercer County stressed the historical and educational importance of the American Law display whereas the initial display locally was presented with a religious undertone.
Staver told King of Kings Radio, it would be up to the U.S. Supreme Court to make sense of motive argument.
“Five of the justices on the Supreme Court today also believe the inquiry into subjective intent and motive makes no sense,” Staver said. Staver questioned how two exact displays could be hung across the street from one another, and one be void of intent and deemed unconstitutional, while the other, precipitated by motive in the display, be unconstitutional.
Regardless of how the 6th Circuit rules in the case this time through, Staver expects the case to go back to the Supreme Court, a court that is much different now with Justice Samuel Alito sitting in the seat once held by Sandra Day O’Connor.
“We are in this for the long haul and want to make sure it goes back to the Supreme Court for a final ruling,” he added.
Staver told King of Kings Radio the case could continue for several more years before a final decision is rendered.
Supporters of the movement, also in it for the long haul, are being organized for a trip to Cincinnati on October 20 to witness the proceedings. Three busses are leaving the area at 5 a.m. that day with one bus dedicated to McCreary County supporters.
Former Judge-Executive Jimmie W. Greene, who has helmed this ark through the legal waters since the battle began in 1999, says 17 people from the county have signed up for the trip and space is available for 55. The trip does not have any costs associated with it.
“I want to encourage our people here in McCreary County to go along with us to show our support,” Greene said. “We need to go.”
To reserve a seat on the bus, call Greene at (606) 376-8372 or King of Kings Radio at 1-800-408-8888.
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