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Trial Judge in Notre Dame/Obama Graduation Protest Case Recuses Herself and Steps Aside
The Thomas More Society ^ | January 11, 2010 | Tom Ciesielka.

Posted on 01/12/2010 6:36:40 AM PST by EternalVigilance

Contact: Tom Ciesielka. 312-422-1333, tc@tcpr.net
 
NOTRE DAME, Ind., Jan. 11 /Christian Newswire/ -- In the ongoing case involving 88 pro-life demonstrators arrested at the University of Notre Dame in the days leading up to (and in some cases during) [Alleged] President Barack Obama's commencement speech and receipt of an honorary degree, the assigned trial judge has recused herself just days after defense attorneys filed an appeal from her earlier ruling, denying recusal.
 
Judge Jenny Pitts Manier filed an order, dated January 6, 2010 (an Epiphany gift for the defense), reciting that she had decided to recuse herself, stepping aside from the case and sending it back to the Chief Judge of the St. Joseph County civil court for assignment of a new trial judge. This action came just days after Thomas More Society attorneys had filed papers in Indianapolis for purposes of prosecuting an appeal to the Indiana Appellate Court to secure a ruling that Judge Manier should be required to step down from hearing the so-called "ND88" cases because she had either an actual or perceived bias against the defense and should be disqualified from the case. The defense lawyers' claims of bias were based on the Judge's prior rulings in abortion protest litigation, her husband's outspoken criticism of Catholic pro-life teachings while serving as a tenured philosophy professor at Notre Dame, and other factors.
 
On December 3, attorneys Tom Dixon and Dave Wemhoff had argued the bias issues while also arguing that the trespass charges against the pro-life defendants should be dismissed. Judge Manier had yet to rule on the dismissal motion but instead certified the question of her recusal for an immediate appeal. That appeal is now "moot" given her decision in the meantime to step aside voluntarily. Presumably, the defense motion for dismissal of the charges will be heard by another trial judge, whom the Chief Judge should be assigning to the cases in short order. The defendants' motion to dismiss all the cases were to be heard on a "global" basis, with all 88 cases consolidated for that purpose. The motion for dismissal is based on several factors, including that Notre Dame campus police were exercising state arrest powers in a manner that was "viewpoint-discriminatory" in arresting the pro-lifers at a series of demonstrations on campus while tolerating similar demonstrations on the part of pro-Obama advocates. Among those arrested were prominent pro-life figures including Alan Keyes, former presidential candidate who also ran for the U.S. Senate against then-Senate candidate Barack Obama, and Miss Norma McCorvey, the "Jane Roe" in Roe v. Wade.
 
"We are pleased that the Feast of Epiphany provided the defendants with this unexpected gift," said Tom Brejcha, president and chief counsel of the Thomas More Society. "It is essential that these important cases be decided by an impartial tribunal. We look forward to securing a favorable ruling on the pending motion for dismissal."
 
Additional details will be forthcoming, as both Fr. John Jenkins, president of Notre Dame, and many of the ND88 defendants plan on attending the March for Life in Washington, D.C. on January 22, 2010. The Thomas More Society continues to call for Notre Dame to intercede with the county prosecutor to obtain an early dismissal of these still-pending charges. To arrange an interview with Tom Brejcha or another Thomas More Society representative, please contact Tom Ciesielka at 312-422-1333 or tc@tcpr.net.
 
About the Thomas More Society
Founded in 1997, the Thomas More Society, is a national not-for-profit public interest law firm based in Chicago and dedicated to fighting for the inherent rights and inviolable dignity of all human life, from conception until natural death. The Society vigorously defends clients in state and federal courtrooms around the country, addressing vital issues across the pro-life spectrum, including free speech, free exercise of religion, pregnancy discrimination, end-of-life health care, and the right of conscientious objection for medical workers, and the sanctity of life and marriage.

As a public interest law firm, the Thomas More Society is a nonprofit, tax-exempt 501(c)(3) organization, supported solely by private donations. Visit www.thomasmoresociety.org for more information.


TOPICS: Constitution/Conservatism; Front Page News
KEYWORDS: abortion; jenkins; keyes; moralabsolutes; notredamescandal; personhood; prolife
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To: EternalVigilance; wagglebee; Gelato; Steve Schulin; Delphinium; MountainFlower; 8mmMauser

If:
it is unwful to treat
pro-life demonstrators
as trespassers
unless
pro-abortion demonstrators
are also treated as trespassers,

Then:
it is unwful to treat
pro-abortion demonstrators
as trespassers
unless
pro-life demonstrators
are also treated as trespassers.


21 posted on 01/12/2010 8:03:38 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: EternalVigilance

Are you saying that if tomorrow Notre Dame University suddenly started acting as if it were Catholic, the university would not be able to prevent a gay pride demonstration or a pro-abortion demonstration on campus?


22 posted on 01/12/2010 8:06:39 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: Notwithstanding

They can do what they want. In fact, if Father Jenkins wanted to he could have all these charges dismissed immediately.


23 posted on 01/12/2010 8:09:39 AM PST by EternalVigilance (With God, Obama can't hurt us. Without God, George Washington couldn't save us.)
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To: EternalVigilance

If NDU is private property, then NDU can discriminate against whatever viewpoint NDU wishes.

In this context, the 1st Amendment does not apply to private property owners.

Your proper outrage at NDU’s choices seems to blind you to sound legal reasoning and a sound understanding of the Constitutional right of private property owners to control the speech activities that occur on their own private property.


24 posted on 01/12/2010 8:14:44 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: EternalVigilance

You are not making any sense now.

NDU is free under the Constitution to decide

that pro-aborts are NOT trespassing on NDU’s private property,

and that pro-lifers ARE trespassing on NDU’s private property.

What is it that you don’t understand?

You are correct to note that NDU was stupid to do so,
but that does not make it illegal or unconstitutional.

In fact, your views are very dangerous because you are advocating that private property owners cannot control who has access to its private property.


25 posted on 01/12/2010 8:20:46 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: EternalVigilance

They can do what they want - they even have the right as private property owners to act like atheist secularists.

Being stupid and immoral (in this instance and under mosts circumstances) is not illegal or unconstitutional.


26 posted on 01/12/2010 8:29:07 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: Notwithstanding

You’re adding to my words. You really shouldn’t do that.


27 posted on 01/12/2010 8:40:19 AM PST by EternalVigilance (With God, Obama can't hurt us. Without God, George Washington couldn't save us.)
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To: AppyPappy

HOW COULD BC LOSE TO THEM?!


28 posted on 01/12/2010 9:10:35 AM PST by massgopguy (I owe everything to George Bailey)
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To: EternalVigilance

Good, I am glad that we agree:

1. NDU’s actions are indefensible from a Catholic perspective.

2. Private property owners have a constitutional and moral right to decide which demonstrators are allowed on their private property and which demonstrators will be treated as trespassers.

3. The free-speech rights of demonstrators end at the private property line.


29 posted on 01/12/2010 11:02:44 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: Notwithstanding

No, free speech rights don’t end at a private property line.

Of course private property rights allow the owner to decide who is on his property.

But the public has a right to an expectation that such rights won’t be enforced with arbitrary arrest and the application of physical force when it comes to what are normally areas which are wide open to the public.

Notre Dame created much confusion in this regard by the extremely liberally biased, ham-handed way they handled these protests.


30 posted on 01/12/2010 11:23:47 AM PST by EternalVigilance (With God, Obama can't hurt us. Without God, George Washington couldn't save us.)
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To: EternalVigilance

Are you claiming that the pro-lifers were not warned that any form of pro-life protest on the NDU campus during the Obama visit would be unwelcome by the property owner?


31 posted on 01/12/2010 3:45:02 PM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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To: SamuraiScot
The woman is an abortion whore. What concern has she for ethics?
32 posted on 01/12/2010 6:24:52 PM PST by hinckley buzzard
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To: Notwithstanding
A university campus would have long since lost its status as "private property" due to the public accommodations statutes passed back in the '60's for anti-discrimination purposes. That's why it is against the law for you to deny a black person a room at your "private property" hotel.

And if you are letting untold numbers of strangers have the run of your "Private" campus, like on graduation day, it is no longer private.

33 posted on 01/12/2010 6:30:39 PM PST by hinckley buzzard
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To: hinckley buzzard

Notre Dame University is a cesspool and is off the rails morally speaking, but that does not that NDU does not enjoy private property rights.

Can you cite anything to support your assertions about the law? You have asserted 2 grounds upon which a private college in the USA has lost its right to eject trespassers, both of which should trouble constitutionalists and people of faith:

1. A private institution that offers any kind of service or program whatsoever to the public is a de facto “public accomodation”, and as such has no right to eject trespassers.

2. A private institution that holds a large ceremony that thousands of people will attend loses its right to eject trepsassers.


34 posted on 01/13/2010 5:41:39 AM PST by Notwithstanding (Wer glaubt ist nie allein. Who believes is never alone.)
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