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7th Circuit won't rehear prayer suit

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The 7th Circuit Court of Appeals won't rehear en banc Indiana's statehouse prayer suit.

An order came late Monday in Anthony Hinrichs, et al. v. Speaker of the House of Representatives of the Indiana General Assembly, No. 05-4604 and 05-4781, according to Ken Falk, legal director of the American Civil Liberties Union of Indiana, who originally brought the suit almost three years ago.

Last fall, the ACLU had filed a rehearing petition on the heels of a 7th Circuit panel's decision Oct. 30 that plaintiffs didn't have standing to sue lawmakers about legislative prayer in May 2005.

The civil liberties organization had sued on behalf of four people objecting to the practice of opening each legislative session with a prayer. U.S. District Judge David F. Hamilton in Indianapolis had ruled the prayers couldn't mention the name Jesus Christ or any Christian terms because they amount to state endorsement of a religion. The court reversed that decision and ordered the federal suit be dismissed, but the ACLU asked for a rehearing en banc.

Falk said four judges - Judges Ann Claire Williams, Ilana Diamond Rovner, Diane P. Wood, and Terence T. Evans - voted in favor of rehearing the case. Not voting were Judges Joel Flaum and John D. Tinder; the latter just took the bench.

Indiana Attorney General Steve Carter said this decision backs up the state's position that legal precedent protects legislative prayer.

The ACLU has 90 days to decide whether to seek certiorari from the Supreme Court of the United States, Falk said. A decision hasn't yet been made, but Falk said the organization is actively watching the current legislative session and could be ready to file another suit should lawmakers open with sectarian prayer.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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