October 25, 2008

I'm Not a Lawyer, But....

This doesn't compute.  A lawsuit** had been filed to require Sen. Obama to prove that he is a U.S. citizen and eligible to serve as President.  The Democrats, rather than producing the requested birth certificate, which should have been easy if they had nothing to hide, instead asked the judge to throw out the suit.  The Clinton appointed judge obliged them.

 

A federal judge has dismissed a lawsuit challenging Barack Obama's qualifications to be president.  ...Surrick ruled that Berg lacked standing to bring the case, saying any harm from an allegedly ineligible candidate was "too vague and its effects too attenuated to confer standing on any and all voters."

Am I to understand that the judge ruled that voters would not suffer sufficient harm if someone was elected President who wasn't even a U.S. citizen?!  If voters don't have adequate legal interest in knowing that a potential President of the U.S. is eligible to serve, then who does?  Who?!

Now, attorney Philip Berg, who filed the suit, is appealing to the U.S. Supreme Court.  Good.  The decision was bad enough, but the arrogance of the ruling is insulting.  

**Pennsylvania's former deputy attorney general and Sen. Hillary Rodham Clinton supporter Philip J. Berg has filed a lawsuit in federal court in Pennsylvania accusing presumptive Democratic presidential candidate Sen. Barack Obama of lying about his U.S. citizenship, which would make him ineligible to be president.

Authored by Woody

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June 26, 2008

Supreme Court Rulings: Today vs. Obama's Ideal Justices

The Supreme Court just ruled that the Second Amendment means what it says and not what liberals want it to say or to not say.  Individual Americans do have the right to personally own guns and without being associated with a militia.

Now, since the President is the one who appoints the Supreme Court justices subject to confirmation by the Senate, it's important in a Presidential election to consider the types of justices that a candidate would appoint.

Our buddy, Delftsman, provides a clue as to what type of justices that Sen. Obama would appoint by providing a comparison of Obama's ideal justice to the oath that a such justice must make.  After you read it, you shouldn't have any question as to how Obama's justices would have distorted the Second Amendment and other rulings had they been sitting on the bench today.  Consider that for the future.  

Here's Delftman's link:  Obama=Poor Judgement... 

Now, to liberals who think that only government should own guns....

            BACK OFF!!

Authored by Woody

 

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June 13, 2008

Political Picture Quiz

Quiz:  Based only on the picture below, decide if the judge did or did not rule that Ohio's method of putting prisoners to death is unconstitutional.

What was your hint?  But, if you don't know the answer, you're on the wrong blog.

BTW, does this help you envision the type of judge that Obama would nominate to the Supreme Court?

Authored by Woody

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September 27, 2007

Justice Delayed...and Delayed and Delayed

A contract murderer just received a temporary stay of execution by the governor. This guy has had twenty-five years of life since the murder and his initial trial, but let's make sure that he is comfortable and had every chance.

I'm on the fence about capital punishment--not so much for it...unless one of my relatives was killed. However, justice delayed is justice denied, and justice has been delayed too long for the citizens and the murdered man's family, if there are any still around. In thinking about this issue, consider this case.

Governor grants stay of execution

MONTGOMERY – Gov. Bob Riley granted a 45-day stay of execution this morning to Thomas Douglas Arthur who was scheduled to die by lethal injection at 6 p.m. at Holman Prison near Atmore. ..."The evidence is overwhelming that Thomas Arthur is guilty and he will be executed for his crime," Riley said.

In a related article, I loved this classic comment from the murderer.

He admits he was having an affair with Troy Wicker's wife. He admits an earlier murder, for which he was still in work release when Wicker was killed. He admits shooting a jailer during an escape.

"I've got a checkered past," Arthur told me in 2001, "but I'm not running for citizen of the year."

What a joke! "Checkered past." Not "citizen of the year." By trying to brush off those crimes with such a flippant comment, this guy needs to be on Hillary Clinton's campaign staff.

Now, the same journalist who provided that quote had this to say at the end of her article about giving him another chance with one more time-delaying appeal.

He's not the best person in the world. He may not even be the best person on Death Row. But that's not the point. It's this: What kind of people are we?

Some people (I assume the writer is a liberal) are never happy. Am I responsible for what he did and the long-established laws of the state? And, forget that "we" business. The question needs to be switched to ask what kind of person is the murderer, besides not being "citizen of the year?" He committed the crime and got caught and now has to pay.

Now, here's my concern. I don't mind another forty-five day stay, but why does the process take so long, in this case twenty-five years, to carry out capital punishments? The guy could have died of old age first. I don't recommend that we adopt the system that had Saddam Hussein hanging three months after his conviction, even though I have to say that Iraq has a better handle on swift and sure punishment.

But, we either change the laws and do away with capital punishment or we carry out the laws on a timely basis, without unreasonable time delays, for the sake of justice for the citizens and for the families of the murdered.

Oh, and I don't want to even think about what the frivolous delays have cost the taxpayers or how that money could be used to improve the prisons for others, but that's a financial and a moral issue rather than a legal and a moral issue.

Capital punishment - it may be repealed but, until such time, it should be administered in a timely manner in accordance with justice.


For earlier details on the conviction and appeals, click on "Read More." more...

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August 14, 2007

A New Law Long Past Due

'Pull ’em up or pay up’ is new law in Mansfield (LA)

“Pull ‘em up or pay up.”

That’s Police Chief Don English’s interpretation of a new law that takes effect in Mansfield on Sept. 15

Anyone caught wearing sagging pants who exposes his or her underwear will be subject to a fine of up to $150 plus court costs, or face up to 15 days in jail. ....

Kids in the malls and overweight plumbers, consider yourselves on notice.

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October 28, 2006

17 Years Later, I'm Laughing My Butt Off!

This is a cautionary tale, but a true one. Many years ago, I was the Program Director of an adult psychiatric unit in a private psychiatric hospital I had a program assistant by the name of... well, let's call him "Dario." Dario told everyone that he had a degree in Chemistry, and 3 years of medical school. He talked the talk and walked the walk. He had learned conversations with physicians, and though only a lowly assistant, he believed that he was the next Albert Schweitzer.

One day, sitting in the coffee room, Dario came in and went into the bathroom. Previously, one of the staff had been in there and had knocked over a bottle of talcum powder. Dario goes in, and comes out. "There is white powder all over the floor in there."

"Oh no," says I, "you didn't step in that and get some on your shoes did you?"

"Why?" says Dario.

"One of the psych patients walked in there earlier and he has dry urine disease. It's highly contageous Dario, if you stepped in it, please, sit down and carefully take off your shoes, and put them in the trash."

Dario sat as requested, with a look of concern on his face and the beginnings of a bead or two of sweat on his brow.

"Wait," said I, "let me get you some latex gloves so you don't accidently touch the powdered urine." I rose to get him the latex gloves. I swear he was almost shaking by the time I got back.

Gently, Dario took his shoes off and placed them carefully in the trash can.
Later (much later in fact) we took pity on Dario and told him it was a joke.

A couple of months later, I discovered that Dario did not have a degree in Chemistry and, calling the medical school, found out they didn't know who he was. When confronted he initially tried to bluff his way through, but I kept grilling him. Not too much later, I fired Ducky.

Many years later, after I was in private practice, I came across Dario at a bidding conference for a local agency. Dario introduced himself as a Psychologist. Another (real) psychologist and a good friend of mine questioned Dario who confirmed he was indeed a Psychologist.

My friend, called the Texas State Board of Examiners of Psychologists though and found out that Dario was fraudulently claiming that distinction. My friend filed a complaint with the TSBEP who issued, I believe, a cease and desist order.

Complaints against Dario have been filed with the Licenesd Professonal Counselors Board, the Licensed Chemical Dependency Counselors Board and the Social Workers Board.

This last week Dario allegedly was found to be practicing medicine without a license, having obtained the name of a real physician similar to his own. Dario was arrested and has been released on $100,000.00 bond. I hope no one was hurt by this guy.

I plan to be at the trial, for sure. I want to see what the long term effects of dry urine disease is.

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July 19, 2006

Government Out of Control

It's one thing to get upset with government bureaucracy, government stupidity, and government power. It's another thing when those are combined to wreck your life with a long and humiliating investigation covering something that common sense could have dismissed. Read about the tale of a family that took pictures of their kids on a camping trip and the nightmare that they faced when an untrained drug store employee notified the Department of Family and Children's Services about his interpretation of those pictures that he developed. It's a nightmare that I wouldn't wish on anyone. The following link goes to the story. Read all of it and check some of the comments from their readers, too.

They called me a child pornographer (From Salon)
I took some photos of my kids naked on a camping trip. A drugstore employee called the police -- and my family's life became a living hell.

I don't want to diminish the horror of child abuse and the need for protecting abused children. I suspect that G.M. has an even greater appreciation for that and may have some stories from his work that would be too hard for me to hear. However, government, in many cases, just casts too broad of a net and causes unnecessary damage that will never be forgotten or repaired.

I know two families who have suffered from unsubstatiated accusations of child abuse. In one situation, the parents did not agree to a medical procedure for their new born child, as they felt that the treatment was premature and excessive. (The mom was a health care provider herself, and it turned out that she was correct.) The doctor reported them to authorities for child abuse for not taking his advice, and they had to undergo extensive investigations and home visits. Another parent was in a doctor's waiting room with her child when the child decided to test the limits of patience by acting terrible. The mom clarified the limits with a good swat to the child's bottom. Result? The doctor's receptionist called authorities reporting child abuse, and that parent's nightmare started. Even though there was no crime, the parent was warned that she only gets one pass and that the child will be taken into protective custody with just the filing of another complaint.

If government cared so much about "the children," then it would try to help their parents rather than turn their lives upside down. If it cared for the children, then government would properly train it's workers to recognize and handle real cases and to distinguish them from false accusations. Real victims need help and need those resources being wasted chasing down frivolous claims.

Are government workers being stupid, afraid to apply good judgment to poorly written laws, trying to justify their jobs, or maybe getting a charge out of their power (which may be the case when they won't give it up?) Whatever the problem, they need to make changes so that these nightmares don't become a continued problem for parents who love and care for their children. Currently 60-70% of such claims are without merit. That's too high of a miss ratio and indicates that government has more problems than do parents.

The job of protecting children is important and must be hard. That's why it should be done right without the usual government ineptness.

Found at Nealz Nuze

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March 11, 2006

Milosevic is Dead!

Slobodan Milosevic was found dead in his cell this morning. According to the Wall Street Journal he apparantly died of natural causes. Milosevic was on trial in the Hague for crimes against humanity by leading his country to slaughter tens of thousands from a would be break-away provence. Milosevic frequently and vociferously denied guilt. One would suspect that Adolf Hitler, Joseph Stalin, Mao and others would claim the same.

I don't know whether to be happy that the world is better off without one more madman or to mourn the fact that justice is denied. Perhaps the only justice meted out here was when his immortal soul found itself condemed to hellfire.

According to the WSJ:

A figure of beguiling charm and cunning ruthlessness, Mr. Milosevic was a master tactician who turned his country's defeats into personal victories and held onto power for 13 years despite losing four wars that shattered his nation and impoverished his people.

Mr. Milosevic led Serbia, the dominant Yugoslav republic, into four Balkan wars, but always managed to emerge politically stronger. The secret of his survival was his uncanny ability to exploit what less adroit figures would consider a fatal blow.

Each time he would bounce back, skillfully reinventing himself in a series of political transformations -- as a devout communist, a reform-minded nationalist, and again as a communist at a time when most of the world had abandoned Marxist ideology.

He once described himself as the "Ayatollah Khomeini of Serbia," assuring his prime minister, Mr. Panic, that "the Serbs will follow me no matter what." For years, they did -- through wars which dismembered Yugoslavia and plunged what was left of the country into social, political, moral and economic ruin.

But in the end, his people abandoned him: first in October 2000, when he was unable to convince the majority of Yugoslavs that he had staved off electoral defeat by his successor, Vojislav Kostunica, and again on April 1, 2001, when he surrendered after a 26-hour standoff to face criminal charges stemming from his ruinous rule.

Few will mourn his passing, and certainly not this blogger!

Insta-Update: Austin Bey has more, and it is well worth reading

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March 07, 2006

California Supreme Court Protects Child Predators

So much for protecting "the children...." It seems to me that a rational court would defer to stronger provisions by the governor and legislature on matters of protecting young people from sexual predators. But, they are in California...and, can stay there.

From KION 46: California Supreme Court rules on oral sex

California's justices overturned state law requiring adults 21 years or older who are convicted of having oral sex with 16- and 17-year-olds to automatically register as a sex offender for life. The California Supreme Court, ruling 6-1, said the law, first adopted in 1947, was unconstitutional. The majority said that the law was too harsh or unfair....

Righteous people of all faiths and beliefs should find this ruling and the trend of such rulings unacceptable and should stand up for what is right--and, pray for our nation before it completely loses its moral foundation. Our future and our children are at stake, and we should expose those who pretend to care about the children but really only care for their own "right" to do wrong.

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February 08, 2006

A funeral is not a protest event!

For most Americans, burying a loved one is a private matter. Most of us wouldn't like to have a crowd of people we don't know hanging around. watching us in our moments of grief and sadness. Not only watching us, but yelling at us and pushing signs with hateful messages on them in our faces. This is disgraceful. more...

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January 30, 2006

Democrats Cut and Run, Or Is It Slash and Burn? Anyway, Read It.

Did you ever wonder what happened to the paid workers of John Kerry's campaign who slashed the tires on vans and cars of Republicans on election day in November, 2004? The main stream media has been very quiet about them. (Imagine if Republicans had done that to Democrats.) Well, we have the answer, and you won't be surprised. Mark Belling, a Milwaukee journalist, covers the final box scores with totals and highlights in his editorial of January 25th. Here are some excerpted sentences, but please read the entire article.

What a surprise - the tire slashers got away with it. Despite overwhelming evidence of their guilt, the five men accused of vandalizing vehicles to be used by Republicans on Election Day in 2004 will face no punishment at all. What was the reaction of most Democrats to the verdict? Glee. Why did they get away with it? Answer: Because everybody involved here was a Democrat. We had Democrats accusing Democrats that were prosecuted by a Democrat and a jury laden with Democrats. Justice never had a chance.

I'm not sure, but they might have applied for purple hearts from the Kerry campaign for self-inflicted razor cuts.

Found at and a thanks to Tom McMahon!

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January 26, 2006

Filibuster, John Kerry, Kennedy and Judge Alito

There are a lot of things in politics that deserve a rip-roaring belly laugh; JFK excuse me, John Friggin Kerry being chief among these. Kerry is most noted for being elected as Mr. Flip-Flop of 2004. Of course, he was running for president at the time, but so what?

Kerry (and his partner in crime - T. Kennedy) have decided that they would like to filibuster the vote on the nomination of Samuel Alito to the United States Supreme Court. Senator(s) can you say STUPID? You two have got to be the dumbest of the dumb.

From the CNN folk comes this:

Sources close to Kerry, who lost to Bush in the 2004 race, told CNN that the senator was calling colleagues from Switzerland, where he was attending the World Economic Forum. He announced his decision to support a filibuster Wednesday at a meeting of his Democratic colleagues.

The White House believes Alito's supporters have the 60 votes they need to block any filibuster, spokesman Steve Schmidt said, and suggested that Kerry's move was designed to buttress a possible 2008 presidential run.

The Washington Post's Charles Babington reports:

Several prominent Democratic senators called for a filibuster of Samuel A. Alito Jr.'s Supreme Court nomination yesterday, exposing a deep divide in the party even as they delighted the party's liberal base.

The filibuster's supporters -- including Sens. John F. Kerry and Edward M. Kennedy of Massachusetts -- acknowledged that the bid is likely to fail and that Alito is virtually certain to be confirmed Tuesday. But they said extended debate may draw more Americans' attention to Alito's conservative stands on abortion, civil rights, presidential powers and other matters.

"Judge Alito will take America backward, especially when it comes to civil rights and discrimination laws," Kerry said in a statement issued by his office. He added: "It's our right and our responsibility to oppose him vigorously and to fight against this radical upending of the Supreme Court."

The Democrats are divided? News to me! On the other hand, that famous entertainer Will Rogers once noted: "I don't belong to any organized political party. I'm a Democrat."

Senator Kerry, you greatly remind me of a saying by Dietrich Bonhöffer:

Folly is a more dangerous enemy to the good than evil. One can protest against evil; it can be unmasked and, if need be, prevented by force. Evil always carries the seeds of its own destruction... Against folly we have no such defense. Neither protests nor force can touch it; reasoning is no use...

So the fool, as distinct from the scoundrel, is completely self-satisfied; in fact, he can easily become dangerous, as it does not take much to make him aggressive. A fool must therefore be treated more cautiously than a scoundrel.

H/T to Stop the ACLU

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January 23, 2006

The Press - Hoist On Its Own Petard

Scooter Libby is planning to subopena a number of journalists in his defense trial. This poses a series of tough decisions for the press for a number of reasons. Timothy Phelps has a lengthy (but worth the time) article in the Columbia Journalism Review regarding the background of the Plame case, including his own actions and the actions of others.

Of course, as a member of the press, Phelps is not happy about the possibility of two things. One, that Libby may call journalists for testamony, and two, that the press doesn't seem to have the "protections" under the first amendment that it did in the past. Phelps does acknowledge that there are indeed limits on the ability of journalists to protect sources, but decries the lessening of that.

It should be noted that much of the current brouhaha is of the making of the journalism profession. They were less concerned about the "leak" than about (in general) being able to hammer the Bush Administration for wrongs (real or perceived). In fact, two journalists, David Corn (The Nation) and Paul Krugman (The New York Times) raised a big stink about the illegality of "outing" Plame.

Even Phelps says she was in a role "undercover." However, nothing could be further from the truth. Undercover typically means assignment in the field, pretending you are something you are not in order to gather information necessary for our national security. Plame worked in a "secret" department of the Directorate of Operations, but was not "under cover" as she drove to work daily, was doublessly photographed many, many times by our adversaries (who ever they may have been) and even people in her neighborhood knew where she worked. Too, her "cover" had been blown years before and that is why she was pulled from the field.

The press demanded an investigation until finaly, someone in the CIA asked for an investigation. Usually, these requests don't go very far as Phelps acknowledges. This time, however, with the reporters and Democrats up in arms, Gutless Ashcroft recused himself and recused his deputy from looking into the matter and appointed a Special Prosecuter to look into the "outing" of Valarie Plame.

As we know, that investigation went nowhere, despite calls for Karl Rove to be frogmarched out of the White House. Libby in what must have been a non-compos-mentos moment lied about who he talked to or when or under what circumstances and as a result he is up on perjury charges. If found guilty, I hope they throw the book at him. What could he have been thinking?

But, I digress. The issue is that the press, so rabid in their attempts to nail the Bush Administration (and denying that is ludicrous on it's face) is now going to have to testify in the Libby trial. Too damn bad. The old saw that you need to be careful what you ask for, because you may not like what you get couldn't be more apt.

Libby's right to a fair trial trumps, it seems to me, any 1st amendment protection the predatory press has. Phelps may have said it best:

The prosecutor seems to have had the last word about the First Amendment, at least for now. â€Å“Journalists are not entitled to promise complete confidentiality â€â€Â� no one in America is,â€ÂÂ� he told Thomas F. Hogan, chief judge of the U.S. District Court for the District of Columbia. Hogan agreed. Of course, we never did have the right to offer complete confidentiality in every circumstance. But as a result of this case and others in the pipeline, the question now is, Can we honestly promise our sources anything?"

A tip of the GM Chapeaux to James Taranto

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January 14, 2006

Senate Democrats ≠Rational Thinking

The Circus is over, the Big Top has been struck. The Ringmaster has put away his top hat and whip, the clowns have removed their makeup. Bits of popcorn and other detritus litter the floor of the once formidable Greatest Show On Earth, but now, the lights are dimmed, and sadly we walk away from the circus.

The analogy between a circus and the Alito hearings is an apt one I think, given the clown like performances of certain members of the Judiciary Committee. I won't mention their names, but their initials are Ted (Chappaquiddick) Kennedy:

In an era when the White House is abusing power, is excusing and authorizing torture and is spying on American citizens, I find Judge Alito's support for an all-powerful executive branch to be genuinely troubling..."
Joseph (Who thinks the Constitution requires two female members) Biden:
And it's also important to note that you're slated to replace the first woman ever nominated to the Supreme Court. We can pretend that's not the fact but it is. And through no fault of your own [though I'm holding you responsible - snark added], we're cutting the number of women in half on the court."
Charles (Please Don't Indict Me) Schumer:
This controversial nominee, who would make the court less diverse and far more conservative, will get very careful scrutiny from the Senate and from the American people."
Patrick (Damn it, I want a liberal judge) Leahy:
The American people deserve a Supreme Court Justice who inspires confidence that he, or she, will not be beholden to the President but will be immune to pressures from the Government or from partisan interests [emphasis added as a snark]."
Diane (I don't care what Ginsberg said, how will YOU answer) Feinstine:
However, in 1985 you clearly stated that you believed Roe should be overturned and that the Constitution does not protect a woman’s right to choose. Despite voting to sustain Roe while on the Third Circuit, your opinions also raise questions about how you would rule if not bound by precedent. I will be interested to learn about your legal and personal views on Roe and the Constitutional right to privacy as you see it today."
and Dick (Damn Those Nazis) Durban:
Your record raises troubling questions about whether you appreciate the checks and balances in our Constitution � the careful efforts of our Founding Fathers to protect us from a government or a president determined to seize too much power over our lives..."
In room 216, the Senate Judiciary Committee in the guise of it's Democrat members participated in what could be termed illegal torture of a United States citizen. Alito was in a room, hot via overcrowding, blazing lights aimed at the responder, torturous and repetitious meanderings from the bloviatings of said Democrats [equal to, for sure of blaring rap "music"], sitting in an uncomfortable position for hours and hours and hours with no relief - not able to get up and walk around, not able to relax and having to pay attention to those who do not have his best interests at heart (let alone the best interests of the country).

Perhaps, the denouement of this whole Democratic engineered farce will be the final vote. I'm predicting that the committee vote will be along party lines and the final vote in the Senate will be something like 78-22 with precisely the same idjits voting against Alito as voted against Roberts. These guys just don't learn. There are consequences folks for elections and this last election put a Republican in the Whitehouse with the ability to appoint judges and (finally) the willingness to appoint conservative judges. Cry all you want, the people see through you and know that your grasp of reality is tenuous at best. Carol Dean Thomas, a strongly liberal attorney probably said it best (in the NY Times no less):

The president took the high road on this nomination. He juggled his politics and his public relations, and while I don't like either, I have to be grateful for the quality of lawyer, and individual, who emerged as the nominee.

We have to decide whether the unfortunate tradition begun with Robert Bork's nomination should be continued indefinitely or whether, with the wisdom of hindsight, we exhume it only when absolutely warranted. Liberals among us have got to get real - to press for the finest jurists a conservative administration is willing to offer, and to spend our capital in that pursuit." [emphasis added]

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December 21, 2005

Common Sense Judge Hits ACLU with Truth

A federal appeals court ruled that the Ten Commandments could be displayed in a Kentucky courthouse. What is particularly enjoyable about the ruling is what one of the judges had to say to the ACLU, which sued to have the display removed.

Judge Tells ACLU What Everyone Else Knows

Judge Richard Suhrheinrich's ruling said the ACLU brought "tiresome" arguments about the "wall of separation" between church and state, and it said the organization does not represent a "reasonable person."

Suhrheinrich wrote that a court has to decide whether a "reasonable person" would find that a government display endorses religion, not whether someone finds it offensive. He said the ACLU "does not embody the reasonable person." He criticized the organization for arguing that the First Amendment mandates a "wall of separation between church and state." "Our nation's history is full of governmental acknowledgment and in some cases accommodation of religion," the judge wrote.

The lawyer representing Mercer County said the ruling was welcome. "For too long (Kentuckians) have been lectured like children by those in the ACLU and elsewhere who claim to know what the people's Constitution really means," Manion said in a statement. "The court recognizes that the Constitution does not require that we strip the public square of all vestiges of our religious heritage and traditions."

(State representative Rick) Nelson said, "It's a common-sense ruling" that reflects "what a lot of people have said all along."

Isn't it nice to win one against the ACLU? They didn't have a prayer.

Linked At Stop The ACLU

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