10th Circuit: Amendment Banning Sharia Law is Not OK

Wall Street Journal ^ | 01/10/12 | Ashby Jones

[AtlasStalled]

Sometimes voters get behind an idea, and we think to ourselves, why? Why are they even bothering when that idea, were it to become law, would be struck down as unconstitutional faster than we can utter “temporary restraining order?”

We smugly revisited that thought on Tuesday upon hearing that the Denver-based 10th Circuit had upheld a lower-court ruling keeping an amendment to the Oklahoma constitution from becoming law.

The amendment, overwhelmingly approved by Oklahoma voters last year, prevents judges from basing rulings on international law — and specifically mentions Islamic law, often known as Shariah law.

[Qbert]

In related recent Sharia news...:

“In the last few days alone, Boko Haram has killed at least 44 people...
responsible for at least 510 killings last year alone... It has targeted churches in the past in its campaign to implement strict Shariah law across Nigeria...”

http://www.msnbc.msn.com/id/45909569

[greeneyes]

The way I understand it, you can’t single out one specific group (equal protection). So the law would have been ok, if they had not put in the extra step of naming sharia.

[Jack Hydrazine]

Hitler wanted Germany (and possibly the rest of Europe) to be Islamic. The Leftists in Europe are fulfilling his dream. With America continually becoming more and more and more Euro-peon-ized that may happen here.

[Cobra64]

Gingrich was right.

Yes he was. (IMO The following link should be stickied at the top.)

"Newt Gingrich at Values Voter Summit - How to Fight Back Against Out-of-Control Judges":

http://www.youtube.com/watch?v=Uu3K1wW-cNU

.

I find it amusing when people say "Gingrich is angry," and then turn around and say "we need a fighter to take down Obama." Which is it?

Personally, I don't see him as "angry, but rather frustrated that there are so many un/misinformed American voters and the MSM's (and some FReepers) obsession bashing him.

Do we want a fighter, or another wishy-washy Bob Dole like Santorum? (And I like Santorum a lot)?

[Califreak]

Before O’BRIEN, McKAY, and MATHESON, Circuit Judges.

Judge Terrence L. O’Brien (Bush Jr Nominee)

Senior Judge Monroe G. McKay (Carter Nominee)

Judge Scott M. Matheson, Jr. (Obama Nominee)

[An American!]

The Governor of OK can now announce she is ignoring the ruling, citing the following:
(1) 1st Amendment: "CONGRESS shall make no law respecting the establishment of religion....", and
(2) 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
PERIOD. NO Federal court has jurisdiction over OK on this matter

You have it exactly right.

This is similar to Montana and the FFA. The Firearms Freedom Act which originally was introduced and passed in Montana, the FFA declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the commerce clause, with firearms as the object.

These judges who think they can suspend anything they don't like need to be told to go pound sand.

[SECURE AMERICA]

So an American Court just ruled that stoning women to death because they “dishonored” the family is okay? That whipping people in the streets is okay?
What a bunch of MORONS............

[KarlInOhio]

Hitler wanted Germany (and possibly the rest of Europe) to be Islamic.

Whaaaaat? Do you have any documentation on that other than some Muslim Brotherhood fantasy version of European history?

[edcoil]

“prevents judges from basing rulings on international law”

I read what you say but the two posts reporting it - is different.

[GOP_Party_Animal]

Gingrich says he’ll start yanking judges... the idea never sounded better.

How can he do that? He's not running to be the legislative branch.

[George from New England]

Hmm!

Might the ten commandments be considered “international law”

Hmm!

[Thommas]

The way I understand it, you can’t single out one specific group (equal protection).

The way I understand it, then, when a liberal, Democratic judge approves the implementation of Sharia in certain communities, the local municipality cannot object because it is not specifically banned in the OK Constitution. My head hurts in fathoming this destructive, anti-State ruling that denies a concerned citizenry from exercising its constitutional prerogative in a totally legal manner. Sharia is a religious set of laws, not the ROP itself.

[Cyber Liberty]

So is the Tenth Circuit now saying its okay to stone women to death who are victims of rape?

Not exactly. I think the courts just want to be in the loop when it's time to start the stoning.

:^\

[Califreak]

If we aren’t even allowed to DISPLAY the ten commandments I don’t understand why banning sharia law is such a problem.

[gaijin]

If eventually judges do consider shariah at all, and then rule against a muslim plaintiff then clearly the next step is this:

“The judge had no qualifications in the precepts of Islam —we need qualified people to do this...”

And then there will be a demonstrable need for Muslim judges. And they would loudly announce that these (at first) few would very rarely be using their special knowledge —that they would use it only in those few cases when it would actually be needed.

And then there would be more of them, and no way to demonstrate those cases in which they did use Shariah.

So the upshot is that there woudl be TWO parallel systems.

[gaijin]

If eventually judges do consider shariah at all, and then rule against a muslim plaintiff then clearly the next step is this:

“The judge had no qualifications in the precepts of Islam —we need qualified people to do this...”

And then there will be a demonstrable need for Muslim judges. And they would loudly announce that these (at first) few would very rarely be using their special knowledge —that they would use it only in those few cases when it would actually be needed.

And then there would be more of them, and no way to demonstrate those cases in which they did use Shariah.

So the upshot is that there woudl be TWO parallel systems.

[Califreak]

A slippery slope from hell.

I hate this!

And Zero could get 4 more years to appoint all kinds of nasty judges.

[bayouranger]

[TheBattman]

What ever happened to the US being a Constitutional Republic where the states retain their sovereignty (and the Federal Government cannot trump that)?

Isn’t it amazing how a Constitutional amendment can be unconstitutional. Time for our traditional background on the judges making up the panel - who appointed them?

[Califreak]

Before O’BRIEN, McKAY, and MATHESON, Circuit Judges.

Judge Terrence L. O’Brien (Bush Jr Nominee)

Senior Judge Monroe G. McKay (Carter Nominee)

Judge Scott M. Matheson, Jr. (Obama Nominee)