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  • Erwin Chemerinsky: Legislating Violations of the Constitution

    10/01/2006 5:14:44 PM PDT · by Checkers · 50 replies · 971+ views
    wapo ^ | Saturday, September 30, 2006; 12:00 AM | Erwin Chemerinsky
    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...