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October 15, 2010
Moment of Silence decision REVERSED
by United States Court of Appeals
11:55 a.m.: The United States Court of Appeals for the Seventh Circuit has issued its long-anticipated and easily predicted opinion, reversing by a vote of 2 to 1 the decision of the District Court in my daughter's case challenging the Illinois Student Prayer Act.
We knew, when we walked in the door of the Federal Courthouse on February 10th of this year, that we had no chance, based on the Reagan appointees that were assigned to hear the case.
One judge, Daniel Manion, was a graduate of the University of Notre Dame. He made his mark in politics by sponsoring legislation as an Indiana State Senator to require that the Ten Commandments be posted in every public school classroom in Indiana. We knew we had no chance with that guy.
The Opinion was written by Manion. What does that say about the credibility of the decision?
Another judge, Ken Ripple, is a professor at the law school of the University of Notre Dame. We all know how Notre Dame feels about the subject of prayer, so we knew that we had no chance with that guy, either.
The third judge was Ann Williams. She graduated from the law school of --guess where? -- the University of Notre Dame and was appointed to the federal bench by -- guess who? -- Reagan, but she was appointed to the Appellate Court by Bill Clinton, so she dissented in the opinion.
So, what we're left is pure politics. A clearly UNCONSTITUTIONAL law has now been sustained by pure politics. Both judges appointed by a Republican voted to sustain the UNCONSTITUTIONAL law, while both judges that were appointed by a Democrat (Williams to the Appellate Court and Gettleman appointed to the District court) easily recognized that the law is UNCONSTITUTIONAL.
The war continues to get this UNCONSTITUTIONAL law voided.
Previous Rob Sherman News stories about this subject matter:
Wednesday, March 24: Appellate Court should legislate from the bench to reverse General Assembly on "Moment of Silence" law
Tuesday, March 23: 3 Reagan appointees with ties to Notre Dame hear "Moment of Silence" appeal
Monday, March 22: General Assembly again rejects Sherman's efforts to amend "Moment of Silence" law
Tuesday, February 9: Oral Arguments tomorrow at Appellate Court in Student Prayer Act "Moment of Silence" case
Wednesday, December 23: "Moment of Silence" case update with copies of Appeals Briefs
Friday, October 9: Moment of Silence Appeal Brief filed by Illinois Attorney General
Tues., August 11: David Black, Green Party candidate for Attorney General, rejects Moment of Silence defense
Tuesday, August 11: Appellate Court rejects Madigan request to delay Moment of Silence case
Wed., August 5: American Bar Association Journal features Shermans' successful challenge to "Moment of Silence" law
Tuesday, August 4: Madigan stalls again, deceives court on Moment of Silence
Sunday, August 2: Madigan decision in Moment of Silence case due tomorrow
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