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ACLU: Full court should rehear prayer case

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The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.

The civil liberties organization Wednesday filed a petition for rehearing en banc in Anthony Hinrichs v. Speaker of the House of Representatives, No. 1:05-cv-00813. This request comes about two weeks after a three-judge circuit panel ruled that plaintiffs didn't have standing to sue lawmakers over legislative prayer and ordered that the federal suit be dismissed.

The Hoosier ACLU had sued in May 2005 on behalf of four people who objected to the practice of opening each legislative session with a prayer. U.S. District Judge David Hamilton in the Southern District of Indiana ruled that invocations offered in the Indiana House of Representatives could not mention Jesus Christ or use Christian terms such as savior because they amount to state endorsement of a religion.

But the Oct. 30 7th Circuit ruling reversed the District Court decision, though it didn't touch on the merits of the case.

In its decision, Circuit Judges Kenneth Ripple and Michael Kanne in the majority noted that the legislative practice isn't mandated by statute and that plaintiffs weren't able to point to any specific amount of money spent on the practice and that other than costs related to broadcasting online, nothing spent was directly related to the content of the prayers provided.

But legal counsel Ken Falk disagrees, writing that the panel's decision conflicts with precedent from the Supreme Court of the United States and its own past decisions.

"Consideration by the full court is therefore necessary to secure and maintain uniformity of the court's decisions," the 22-page brief says, delving into several cases it says were misinterpreted. "The panel decision has overruled the requirements for state taxpayer standing as developed by the Supreme Court ... This is beyond the prerogative of this Court and en banc review must be granted to remedy this error."

Falk notes that the plaintiff-taxpayers have brought a "good faith pocketbook action" to challenge clear Establishment Clause violations and have standing to sue.

Judge Diane Wood was the sole dissenter on the original panel and argued her colleagues overextended caselaw and denied plaintiffs a day in court. It would take a majority of the 11 active judges to rehear the case before the full court.

No clear timeline exists for the court to consider the request, but it could ask the state to submit a response brief. Both sides have said previously they expect this case to eventually be appealed to the nation's highest court.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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