By Retired Judge Darrell White
Sandra Day O’Connor, now a retired Supreme Court justice, has rendered another decision illustrative of the contempt she shows for the Constitution, particularly the text of our First Amendment. Her opinion, while sitting as a “fill-in” judge on a panel of the 4th Circuit Court of Appeals, held that excluding persons who pray “in Jesus’ name” (from a rotational roster of officials who open city business meetings) is a fair and reasonable way “not to exclude or disparage a particular faith.” The focus of the dispute is Fredericksburg, Va. Councilman Hashmel Turner (pictured below)– a Baptist minister – whose practice of concluding his prayers “in Jesus’ name” prompted a threat of litigation by offended listeners. In response, the city adopted a non-sectarian prayer requirement, imposing a ban on any reference to “Jesus.” When Reverend Turner sued, O’Connor upheld the ordinance, writing that “Turner was not forced to offer a prayer that violated his deeply-held religious beliefs. Instead he was given a chance to pray on behalf of the government.” Behind that rhetoric is one unmistakable conclusion: conform to political correctness or face the punishment of exclusion. Has O’Connor decided that the United States of America is no longer “under God?”
I’d like to know where O’Connor found Reverend Turner’s name in the First Amendment. He clearly is not “Congress” – the focal point of our First Amendment’s prohibition against making a “law respecting an establishment of religion.” The word “Congress” is used sixty times in the Constitution and its amendments. Why is it that our federal courts are so thoroughly confused over the word’s meaning in the First Amendment? There are no battles over the other 59 uses.
O’Connor’s long-standing disregard for history and the clear text of the First Amendment was also on display in her concurring opinion in the notorious 2004 Elk Grove Unified School District v. Newdow case that sought removal of the words “under God” from America’s Pledge of Allegiance. Therein, O’Connor contended that federal judges could ignore recital of the concluding “So Help Me, God” sentence of their obligatory oaths of office. Not so!
It has been reported that Judge Alex Kozinski, Chief Judge of the Ninth Federal Circuit Court of Appeal, posted - on his publicly accessible web site - content that included sexual-fetish videos and bestiality images. Meanwhile, this judge had been presiding over a highly publicized obscenity trial, which was suspended when the prosecutor handling the case detected a potential conflict of interest for a judge with a sexually explicit website to hear this case. When confronted by the media, Kozinski said that the photos were for his private use and he was unaware the content could be viewed by the general public. Apparently unrepentant, Kozinski explained, “It’s part of life.” California U.S. Senator Dianne Feinstein has remarked, “If this is true, this is unacceptable for a federal court judge.”
Constitutionally speaking (i.e., in terms of the free speech clause) why should it matter to courts whether God’s last name is “Almighty” or “Damn”? Graduation season is upon us, and that predictably brings out groups who threaten valedictorians and their handlers with expensive lawsuits should anyone dare to give thanks to God on these memorable occasions.
Over 1.5 million Hoosiers with “In God We Trust” license plates are no doubt gratified that they can hold onto their license tags. A state judge has dismissed litigation brought by the ACLU alleging that it was unconstitutional to put America’s National Motto on state license plates. Marion Superior Court Judge Gary Miller’s refreshing opinion should help restore confidence in America’s judiciary. He wrote, ”Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort.” In part, the ACLU had claimed that Indiana was giving the motto “preferential treatment” and should charge the vanity plate fee for the “In God We Trust” message since it isn’t the standard state plate. However, the legislation authorizing the plate in 2006 specifically directed the Bureau of Motor Vehicles to offer the plate for free. Thank you Judge Miller for reminding all judges that “we just work here” when it comes to interpreting the laws and Constitution. 
have a tangible reminder that, as Justice Story wrote in 1833 (the same year Harlan was born) that: “I verily believe Christianity necessary to the support of civil society. One of the beautiful boasts of our municipal jurisprudence is that Christianity is a part of the Common Law. . . . There never has been a period in which the Common Law did not recognize Christianity as lying its foundations.”
sign their names in the inside leaflets of the same Bible. The four Bibles, copies of the Harlan Bible held by the U.S. Supreme Court Curator, is similar to the Bible donated to the U.S. Supreme Court by Justice John Marshall Harlan in 1906. That bible has been signed by justices joining the Supreme Court for more than 100 years.
Bible to the Supreme Court of the United States (SCOTUS) for the purpose of offering his colleagues an opportunity to sign the Good Book’s flyleaf pages. Down through the years, the “
Ironically, it was exactly fifty years ago this August that the chief justices of ten states joined together to issue a report critical of our federal judicial system with the following language: “It has long been an American boast that we have a government of laws and not of men.” That document, entitled “REPORT OF THE COMMITTEE ON FEDERAL STATE RELATIONSHIPS AS AFFECTED BY JUDICIAL DECISIONS” went on to complain that “… the Supreme Court too often has tended to adopt the role of policy-maker without proper judicial restraint.”