Lynn v. Sekulow

Lynn v. Sekulow

Saturday July 4, 2009

Categories: American History

What Freedom Could Mean

Jay, I like the principles of freedom in the Declaration of Independence (and the Constitution) as much as the next guy (that would be you.)  But when I hear conservatives like Glenn Beck, Michael Savage, Mark Levin, and a host of others try to flesh out the meaning of "freedom," I have to admit that I believe they are reading documents from some other astral plane.

Here are my "Top Ten Things That Would Prove America Really Cares About Freedom":

10.  When we spend as much time teaching our kids how to defend unpopular ideas and their peers who are not like them as we do teaching them how to play soccer.

9.  When we insist that war truly is a last resort and never again allow a President to trick us into conflict with lies or false information, like the Gulf of Tonkin incident or the presence of WMDs.

8. When we acknowledge that we still have a long way to go to even claim that Americans of all races are treated equally, even when we have an African-American President.


Thursday July 2, 2009

Life, Liberty, and the Pursuit of Happiness

Barry, you and I often disagree on a variety of issues that focus on the interpretation of our constitutional rights.  But, I am sure you'll agree that as we once again celebrate our nation's independence, this is the perfect time to reflect on the underpinnings of our freedom - the Declaration of Independence and the other foundational documents that make up the framework of our republic.  

It seems more and more people are taking a moment during their July 4th holiday to pause and focus on the Declaration of Independence - even an increase, according to the Associated Press, in the number of people who are reciting the historic document at holiday celebrations. 

Tuesday June 30, 2009

Sotomayor Convinces 4/9 of Supreme Court She Is Right

Jay, give me a break.  Four of the nine Justices of the Supreme Court yesterday reached the same conclusion that Judge Sonia Sotomayor did as a judge on the Second Circuit Court of Appeals.  The other five reached an alternative conclusion.  So, are you suggesting that Judge Sotomayor is out of the judicial mainstream?  Or are you suggesting that four sitting justices (technically, three because Justice Souter has retired) are out of the same mainstream?  Last week, Clarence Thomas was a lone dissenter in a case involving a strip search of a 14 year old woman at a high school.  Maybe he is out of the mainstream, too.  How many mainstreams are there? (The Alliance for Justice has done a new report on just how careful Judge Sotomayor is in civil rights cases.)

Yesterday's decision will play no significant role in the ultimate decision about Judge Sotomayor's elevation to the high court. She will be on the Supreme Court by the time oral arguments begin in October, and will likely be there for the special September rehearing in the case of the film/ad about Hillary Clinton which the Court also ordered yesterday.  No matter how much money the "Right" spends on ads and no matter how much nonsense Republican Senators spout about "original intent", "strict constructionism" and other code-words for "we don't like anybody Obama wants on the court", she will be approved by a clear Senate majority.
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Monday June 29, 2009

Categories: Supreme Court

More Questions About Judge Sotomayor

Barry, today's Supreme Court decision in Ricci v. DeStefano is sure to be a hot topic at the upcoming hearings for Supreme Court nominee Sonia Sotomayor. The Court reversed a Second Circuit decision that was joined by Judge Sotomayor.

 

In Ricci, 17 white firefighters and one Hispanic firefighter filed suit against the City of New Haven, claiming that city officials had violated Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause when they failed to certify the results of two promotional exams, one for Lieutenant and one for Captain. The city claimed that it would be liable under Title VII for adopting a practice that had a disparate impact on minority firefighters if it certified the test results since no African-Americans would be eligible for promotion to the position of Captain or Lieutenant.

Friday June 26, 2009

Iran: Bad Actors But US Has Limits

Of course, Jay, the treatment of religious and political dissidents in Iran is contrary to civilized standards of justice.  It is fine that President Obama has publicly rejected any "apology" for his condemnation of the government.  It is appropriate that Iranian diplomats have been "uninvited" to Fourth of July celebrations at US embassies around the world.  But now what?

I am always bemused by conservatives who howl in outrage but then never actually tell us what we should do. I trust you are not in favor of a pre-emptive strike against Iran.  So, then, what measures do you recommend, specifically?


Tuesday June 23, 2009

Time to Turn Up the Heat on Iran

It is a compelling scene - thousands in the streets of Iran - calling for freedom - fighting for free and fair elections.  And, Barry, what is most troubling - but not necessarily surprising - is the Iranian regime's reaction...

Tuesday June 23, 2009

Categories: Church Politicking

Liberty University Changes Partisan Policy

The Lynchburg News and Advance reported on Liberty University's announcement yesterday that it was changing its policy in regard to student political clubs.  From now on, no partisan clubs, even the Republican Club, will be given "official" status or receive...

Tuesday June 23, 2009

Peeps Put Focus on Landlord

I like Peeps, too.  Barry, the key issue is whether there is religious discrimination going on when it comes to the issue of the Easter Peeps. If the landlord is simply enforcing in an evenhanded manner a religion-neutral lease provision...

Monday June 22, 2009

Categories: Courts, Free Speech

Are Marshmallow Peeps Religious Icons?

I have a certain endearing respect for Peeps, those marshmallow creations which used to be seen solely in the form of chickens and rabbits at Easter but now have a ubiquitous presence during every holiday period.  The creatures come from...

Friday June 19, 2009

PBS Decision Was Unwise and Unnecessary

Barry, "sectarian" programming should not be excluded from public broadcasting at a time when matters of faith and religion are so much in the news and in the hearts and minds of viewers.   Local public broadcast programming is supposed...

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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