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Federal appeals court rejects attack on Nebraska Ten Commandments monument
Alliance Defense Fund ^ | Friday, August 19, 2005, 1:20 PM | Unknown

Posted on 08/19/2005 10:14:15 PM PDT by Jay777

ST. LOUIS - The U.S. Court of Appeals for the 8th Circuit today ruled against the ACLU in their attack upon a monument bearing the Ten Commandments in Plattsmouth, Neb. The court reversed the decision of a district court judge who ruled the monument unconstitutional, vacating the position of a three-judge panel of the court that earlier upheld the district court's decision.

"One offended passerby does not amount to a violation of the Establishment Clause," said ADF Senior Counsel Gary McCaleb. "The court rightfully rejected the argument that this monument promotes religion. It has been present for many decades in the corner of a city park without any complaints. It is perfectly constitutional, as has been argued in this case from the beginning."

ADF-allied attorney Jeff Downing, of the Lincoln, Neb., law firm Keating, O'Gara, Davis & Nedved, helped defend the case, ACLU of Nebraska v. City of Plattsmouth, with lead attorney Frank Manion of the American Center for Law and Justice.

The Fraternal Order of Eagles donated the granite monument, inscribed with the Ten Commandments, to the city in 1965. The monument stands in the corner of a 45-acre memorial park ten blocks from city hall. In 2001, the ACLU sued the city on behalf of an unidentified man who claimed the monument violated the so-called "separation of church and state," even though the city did not routinely maintain the monument.

A federal district court judge granted summary judgment in favor of the ACLU, but the 8th Circuit reversed that decision, relying upon the U.S. Supreme Court's decision in Van Orden v. Perry, which concerned a similar monument in Texas.

(Excerpt) Read more at telladf.org ...


TOPICS: News/Current Events; US: Nebraska
KEYWORDS: aclu; lawsuit; plattsmouth; ruling; tencommandments
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1 posted on 08/19/2005 10:14:16 PM PDT by Jay777
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To: RepCath; Liz; IronJack; Grampa Dave; MeekOneGOP; Iris7; wkdaysoff; EdReform; Nick Danger; ...
PING!
2 posted on 08/19/2005 10:16:39 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: Jay777

Thanks for the good news, Jay. Prayers are powerful.


3 posted on 08/19/2005 10:17:30 PM PDT by Falconspeed (Keep your fears to yourself, but share your courage with others. R.L.Stevenson)
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To: RepCath; Liz; IronJack; Grampa Dave; MeekOneGOP; Iris7; wkdaysoff; EdReform; Nick Danger; ...
PING!
4 posted on 08/19/2005 10:17:37 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: RepCath; Liz; IronJack; Grampa Dave; MeekOneGOP; Iris7; wkdaysoff; EdReform; Nick Danger; ...
PING!
5 posted on 08/19/2005 10:17:38 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: All

Jeez...sorry about that.


6 posted on 08/19/2005 10:18:05 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: Jay777

Excellent! Fight the (communist) power!


7 posted on 08/19/2005 10:18:17 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: Jay777

Yes! Stop the ACLU!


8 posted on 08/19/2005 10:19:52 PM PDT by zot (GWB -- four more years!)
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To: Jay777

Woohoo! Wonderful news, thanks.


9 posted on 08/19/2005 10:20:24 PM PDT by Victoria Delsoul
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To: Jay777

That *is* good news. But it is still *not* a victory. As I understand it, these frivolous lawsuits by the ACLU are funded with our own tax dollars. As such this is a long term war we can not win. Even when they lose a battle, they take their pay from our pockets and build up a head of steam for the next lawsuit. Until it starts biting them in their own pocketbooks, the lawsuits will continue -- right up to the point where it is financially beneficial to acquiesce. We must find a reasonable way to enable citizens to petition the government for redress economically without allowing groups like the ACLU to turn that act into a self-fullfilling industry. It's about time the ACLU started picking up their own tab.


10 posted on 08/19/2005 10:28:11 PM PDT by so_real ("The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Jay777

Sanity bump.
Good to see the scumbag athiest Democrats lose another one.


11 posted on 08/19/2005 10:30:09 PM PDT by Lancey Howard
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To: Jay777

Great news!!


12 posted on 08/19/2005 10:43:54 PM PDT by Ros42
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To: Jay777

*ALL* Democrats are atheists? *ALL* Democrats are scumbags?
What if I said that all Republicans are raving Bible beaters? Of course, it's not true, but that's the logic you're using.

You might garner more support if you did not always speak in generalizations. Not *ALL* Democrats support Michael Moore. I'm a proud liberal Democrat, thank you, and I voted against Bush in the election, but I think that Michael Moore is a loudmouth. I don't like Bush too much, but I don't think he's the embodiment of evil. Nor do I think he should be assassinated or anything else the far far left might propose.

Might want to rethink the second line of that post.
Ringo


13 posted on 08/19/2005 10:46:20 PM PDT by RingoD
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To: Jay777

You pinged me 3 times...Take me OFF this ping list...


14 posted on 08/19/2005 10:55:14 PM PDT by ReeWalker ( I never have guilt EVER!!!)
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To: RingoD
YOU may want to take a second look at the poster of #11...Jay777 did not post that.
Just keeping the lines straight.
15 posted on 08/19/2005 10:57:58 PM PDT by concretebob (We will not stop until every a$$ is kicked and every name is taken.)
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To: RingoD

16 posted on 08/19/2005 11:01:31 PM PDT by Stellar Dendrite ( Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. -Churchill)
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To: Admin Moderator

See poster "RingoD" = troll


17 posted on 08/19/2005 11:02:19 PM PDT by Stellar Dendrite ( Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. -Churchill)
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To: RingoD

True, some of you are decent and bearable. Although I would never vote for Lieberman over a Republican, I think he's a good and decent soul.


18 posted on 08/19/2005 11:09:43 PM PDT by JCEccles
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To: Jay777
everytime I hear of the ACLU attacking American traditional values (e.g. Ten Commandments) I get the mental image of blood sucking vampires that are petrified of the power of the crucifix.

hence they are hard at work through their legal proxies to try and get anything related to the true GOD out of the culture.

19 posted on 08/19/2005 11:21:39 PM PDT by prophetic ("I think you can be an honest person and lie about any number of things."--Dan Rather)
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To: Jay777

Thank You Jesus! Finally a court who can actually read and understand the establishment clause in the constitution!


20 posted on 08/19/2005 11:25:26 PM PDT by GloriaJane (http://music.download.com/gloriajane "Baseball Apple Pie And Mom")
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