Posted on 10/01/2006 5:14:44 PM PDT by Checkers
Special to washingtonpost.com
With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.
A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.
Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.
Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.
(Excerpt) Read more at washingtonpost.com ...
(Not there's any difference between the three)
Oh, the lame ignorant partisan Wilson Plame lawyer speaks. He is going to get his ass handed to him in a very big way if the Wilson Plame lawsuit makes it to trial. Oh, BTW how did this guy ever become so famous, since I can not think of one case of substance he has ever won.
Erwin also believes that private education in the United States should be made illegal so Christians can be compelled to attend public schools and get a 'proper education.'
I like how Erwin treats the establishment clause as a backwards civil rights guarantee to protect all Americans from religion. The Establishment clause was designed to protect state establishments of religion and prevent any measure of what Erwin is imagining. Erwin thinks the establishment clause is a private bulldozer suited to the demolition of all public religious institutions that can be demonstrated to have any connection to a tax base.
Brilliant hack.
Erwin Chimerinsky is a socialist lawyer of the left. He has a unique way of misreading law.
You can hear him regularly on Hugh Hewitt's radio program where he provides the ultra-liberal counterpart to John Eastman, one of Hewitt's colleagues at the Chapman?? Law School. Chemirnisky is one of the attorneys representing Guantanamo terrorists against the mean old US interrogators. He's argued some big name cases at the Supreme Court, I think.
He's a real peace o' work. But Hewitt is fair and likes to have the other side represented--and Chemirinsky is the other side for sure.
I never heard of the mook.
the dark side
Replaced William Kunstler?
Ummm....Erwin. I think you need to read the 1st Amendment a little more carefully. Try again.
So far to the left that he fell off the scale.
I enjoy listening to Hugh Hewitt take him apart on a regular basis on his radio show.
Erwin went to the University of Chicago lab school for high school; an interesting position for someone to take who went to such an elite institution.
We know he's a liberal.
yep
I don't know how brillant he is...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.