Posts Tagged ‘Establishment Clause’

Bob Ewing

Supreme Court to Consider School Tax-Credit Program

by Bob Ewing

Today the Institute for Justice filed opening briefs in our fourth case to appear before the U.S. Supreme Court.

IJ’s first trip to the high court came in 2002 and resulted in a landmark victory for school choice.  We also won our second U.S. Supreme Court case, defending the American ideals of economic liberty and unfettered interstate commerce by striking down a ban on the direct shipment of wine.

Our third case changed America forever.  A local government in Connecticut decided to bulldoze an entire neighborhood and hand the land over to a politically connected private developer.  The law was stacked against the property owners in favor of the powerful special interests.  IJ, defending the property owners, lost in a controversial 5-4 ruling.

This was the infamous Kelo case, and it resulted in an explosion of outrage and grassroots activism all across the country.  Ed Morrissey recently wrote at Hot Air that it arguably set “the stage for the all-out eruption of Tea Party activism a few years later.” This epic battle to protect private property rights, ultimately vindicated by grassroots activists just like you, is one that will never be forgotten:


And now, as children nationwide get ready to begin a new school year, the Institute for Justice is defending Arizona’s innovative scholarship tax-credit program before the highest court in the land.

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Rep. Randy Forbes (R-VA)

National Day of Prayer is about American Beginnings … So, What are the Courts Saying about America’s Future?

by Rep. Randy Forbes (R-VA)

President Obama made the right decision to appeal the ruling issued by U.S. District Judge Barbara Crabb, which held that the statute establishing the National Day of Prayer violates the Establishment Clause and is therefore unconstitutional.

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In so doing, the judge substituted her opinion for 135 calls to prayer by presidents of the United States, the actions of virtually every Congress that has been in existence both before and after the Constitution was written, and the actions of all 50 state legislatures. Her decision is a part of the continuing assault on America’s religious heritage. America’s Judeo-Christian principles are so interwoven in a tapestry of freedom and liberty, that to begin to unravel one is to unravel the other.

Our Founding Fathers spoke eloquently not only about their personal belief in God, but also about how our nascent nation was called to a higher purpose by God. Out of respect for that purposeful birth, the first act of the U.S. Congress was to appoint a minister to lead the legislators in prayer. And, in deep and abiding faith, Presidents from George Washington to Barack Obama have called upon God for his protection, mercy, and guidance.

These acts are instructive; they show how deep America’s religious roots run. The Declaration could not have been clearer: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights….”

The freedoms and liberties that we enjoy are granted by God. They are not man-made, nor government-granted. Man or State may shackle us, may separate us from our freedom; but ultimately, we will reclaim what is rightfully ours. Government’s purpose is to preserve man’s rights and when government treads on those rights, it breaks a sacred covenant. Then, as the Declaration states, it is the people’s “right, it is their duty” to reclaim what God has given.

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Frank Gaffney

Federal Court: No, the Government May Not Prevent Further Discovery of the Takeover of AIG

by Frank Gaffney

This week we broke the story of possible criminal wrongdoing in the government takeover of insurance giant AIG. In the last several months, the US government has tried, unsuccessfully, to throw out plaintiff Kevin Murray’s case, alleging that the government’s takeover of AIG puts it in the position of supporting and promoting Islam and Shariah finance.

In the discovery process attorneys for Murray, David Yerushalmi and Robert Muise (of the Thomas More Law Center), discovered that the takeover itself may have been illegal, and have attempted to get Treasury Secretary under oath to try and untangle this mess. Again, the Fed and the Treasury Department tried to stonewall.

This past Tuesday, Federal district court judge Lawrence P. Zatkoff rejected the Treasury Department’s and the Fed’s effort to prevent any further discovery while the government attempts to convince the Sixth Circuit Court of Appeals to overrule Judge Zatkoff’s earlier ruling rejecting the government’s motion to dismiss the federal lawsuit challenging the government’s takeover of AIG on First Amendment-Establishment Clause grounds.

Follow the “extraordinary move to depose a sitting Treasury Secretary”

Tim Geithner: The “extraordinary move to depose a sitting Treasury Secretary”

The lawsuit, captioned Murray v. Geithner et al., was brought by attorneys David Yerushalmi and Robert Muise, representing the plaintiff, Kevin Murray, a tax payer and former combat Marine who served in Iraq. The federal lawsuit alleges that the U.S. government’s takeover and financial bailout of AIG was in violation of the Establishment Clause of the First Amendment.

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