Re the 6th Circuit:
Hard to pigeon-hole judges
Cincinnati attorney Scott Greenwood, a former ACLU general counsel (blah, blah) said regardless of the court's makeup, judges are likely to take a hard look at the separation of powers issues in the wiretapping case. "Civil liberties are not liberal and they're not conservative," he said.
However, the 6th Circuit later ruled that a display at the Mercer County, Ky., courthouse was constitutional because it was part of a historical display that included replicas of the Bill of Rights and Declaration of Independence.
Ahhhh, the ACLU v MERCER COUNTY, one of my all time favorite ACLU smack-downs. Naturally there's more to the Mercer case than the ASSpress would print. And IMHO it was 'HUGH'.
These are my favorite parts of the decision and warm the cockles of my heart:
- "Our concern is that of the reasonable person. And the ACLU, an organization whose mission is “to ensure that the government [is kept] out of the religion business, does not embody the reasonable person.
- "The ACLU’s argument contains three fundamental flaws. First, the ACLU makes repeated reference to “the separation of church and state.” This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.
- “Simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause.”
- Third, the ACLU erroneously though perhaps intentionally equates recognition with endorsement. To endorse is necessarily to recognize, but the converse does not follow.
- We will not presume endorsement from the mere display of the Ten Commandments. If the reasonable observer perceived all government references to the Deity as endorsements, then many of our Nation’s cherished traditions would be unconstitutional, including the Declaration of Independence and the national motto. Fortunately, the reasonable person is not a hyper-sensitive plaintiff.
So excuse me all you legal eagle pundits and 'Professors', but I believe the ACLU's goose is cooked. The 6th Circuit is on to their nonsense and they are not amused.