Jay Sekulow: January 2009 Archives

With each passing day comes more concern about conservative talk radio.  Now, the Democratic Congressional Campaign Committee has launched an online petition targeting Rush Limbaugh.  That comes just days after President Obama told Republican lawmakers that "they can't just listen to Rush Limbaugh and get things done." 

Barry, it's clear that this President is working quickly to overturn many of the policies of his predecessor.  But, what is most troubling in the flurry of Executive Orders issued by President Obama in the hours of his new presidency, is the repeal of what's become known as the "Mexico City Policy."
 
This Executive Order ending that policy can only be described as pro-abortion.  President Obama repealed a policy that correctly barred the use of federal funds by non-governmental agencies abroad for abortion counseling and abortions.  He delayed this troublesome action by one day, so it would not coincide with the 36th anniversary of the landmark Supreme Court decision, Roe v. Wade, which legalized abortion.
 
Regardless of the timing, his pro-abortion action is a slap in the face to the millions of Americans who believe abortion is the taking of innocent human life.  In our analysis of the importance of the Mexico City Policy, it's clear that the policy "is absolutely crucial to preventing American taxpayer dollars for the performance and promotion of abortion and abortion-related activities (such as biomedical research and sterilization) in foreign nations."  The Mexico City Policy does not interfere with family planning or put a halt to the pursuit of reproductive rights for women.  It does, though, ensure that federal funds are not used to promote a practice that many Americans find repugnant and that many foreign nations still oppose.
 
What's next for President Obama?  Signing into law the Freedom of Choice Act?  Based on today's action, you've got to believe that President Obama is committed to enacting legislation like the Freedom of Choice Act, a measure that would further strip away protections for the unborn by repealing informed consent and parental notification laws - even repealing the ban on partial-birth abortion, an absolutely horrendous practice.
 
The fact is that President Obama has showed his hand early and is on his way to becoming a very pro-abortion president.  With the Mexico City Policy repealed, Americans can count on even more of their tax dollars being used to promote abortion.  And, that is a tragedy.

Barry, the federal district court in Washington reached the only conclusion it could:  the court decided it could not step in and stop the prayers scheduled for the Presidential inauguration next week and cannot prevent President-elect Obama from ending his oath with the phrase, "so help me God."

 

In a decision issued last night, U.S. District Court Judge Reggie Walton concluded he did not have the authority to order Obama not to say those words, saying the President had a right to free speech.  The Judge also questioned whether he could order Chief Justice Roberts, who administers the oath of office, what to say or what not to say.

 

At the same time, Judge Walton also said he didn't think the prayer at the inaugural ceremony "is somehow going to give the impression that the government is endorsing religion."  That's exactly what we argued in our amicus brief filed with the court.  

Barry, once again, another legal challenge that you probably support - a federal lawsuit filed by Michael Newdow attempting to stop the mention of God at the inauguration of President-elect Obama and the inclusion of prayers at the inaugural ceremony itself.

 

Newdow has a troubling history of trying to purge all religious references and observances from American public life.   And, like his other attempts, this lawsuit is not only legally flawed by misplaced.

 

In our amicus brief filed with the federal court in Washington, DC - we argue that the Newdow suit should be dismissed.

 

"This personal crusade serves no purpose other than to waste judicial resources at a time in our Nation's history when those resources are needed in cases involving real threats to American liberties," the brief asserts.

 

There's a long standing tradition in this country that when the oath of office is administered to the President-elect by the Chief Justice of the Supreme Court of the United States, it concludes with the phrase "So help me God."  The inclusion of prayers at the inaugural ceremony is also part of that history, too.

 

The fact is that references to God at inaugurations date back to the very origins of this country.  And Steve Waldman has done a nice job detailing some of that history with this post. 

 

Our brief outlines specifics too:  "In his first inaugural address, President Washington proclaimed that 'no people can be bound to knowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States,' because 'every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency.'  Inaugural Addresses of the Presidents of the United States, S. Doc. No. 10, 101st Cong., 1st Sess. 2 (1989).  Thus, the Inauguration of the man who was 'first in war, first in peace, and first in the hearts of his countrymen,' was blessed with an invocation of Divine Aid by the very Chief Executive.  Every subsequent Inaugural has likewise afforded the Chief Executive the opportunity to expressly invoke Divine Aid, or to acknowledge the working of the Divine Hands in the enterprise that is this great Nation."

 

There's no constitutional crisis with President-elect Obama concluding the oath of office by proclaiming "So help me God."  And, there's no constitutional crisis with the inclusion of prayers offered during the inaugural ceremony.

 

It's interesting to note that Newdow has twice lost claims challenging inaugural prayer in the past.  That's what should happen this time around, too.  The court should reject this legal challenge without delay.

Barry, as you know, former Massachusetts Governor Mitt Romney attracted a wide variety of supporters in his run for the Republican Presidential nomination.  And, as you correctly point out, I supported Governor Romney in my individual capacity.  I believe that...

Barry, I just returned from the Middle East where I witnessed firsthand the terror that the Israelis face from the longstanding attacks by Hamas - rockets launched into Israel causing death, injury and terror.   I was in two Israeli...