Major Action in Washington, DC

Congress is heading home, but not before taking action to protect the Mt. Soledad war memorial cross in San Diego.  Before the break, the Senate voted by unanimous consent to protect the Mt. Soledad war memorial cross in San Diego.  The legislation, sponsored in the Senate by Alabama Senator Jeff Sessions, gives the federal government oversight for the memorial.  The measure follows action in the House where a measure sponsored by California Congressman Duncan Hunter--one of 22 members of Congress we represented in the legal fight to save the cross--cleared the House with wide bi-partisan support.

President Bush has said he will sign the measure, and the Congressional action is an important step in resolving this issue in which a federal district court has ordered the removal of the cross.  As you know, the Supreme Court intervened by putting the court-ordered removal on hold, and we are filing briefs in the case supporting all legal avenues to keep the cross in place.

Last week on Capitol Hill, Senator Sam Brownback held a hearing on S. 3696, The Public Expressions of Religion Act, which would require parties to pay their own attorneys fees when litigating cases regarding the First Amendments Establishment Clause.  This bill is important because it would remedy a nuance in the Civil Rights Attorney Fees Awards Act of 1976 which allows winning parties in Establishment Clause cases to recover attorneys fees.  For years, groups like the ACLU have used the threat of these fees to intimidate school districts, states and localities into removing public displays of the Ten Commandments and other religious symbols.
 
At the hearing, our Senior Research Counsel Shannon Woodruff testified that, While the attorneys fees statute of the civil rights bill was enacted for the laudable purpose of ensuring that those who cannot afford an attorney may still seek judicial protection of their basic civil rights, it produced the unintended effect of financing a fierce campaign against any and all expression or accommodation of religion in the public arena.  This campaign, orchestrated by a few interest groups, is fueled not only by ideology but by the potential for large fee awards against government defendants.

Also, we have an important update regarding the confirmation battle for John Bolton - the U.S. Ambassador to the United Nations:  Senator Charles Schumer announced last week that he will not filibuster the Bolton nomination.  In addition, Senator George Voinovich commented that, unlike last summer, he would not seek to block Bolton in committee and would support him on the floor.  These are two critical statements that hopefully set the stage for John Bolton's confirmation later this fall. 

We will keep you posted at www.aclj.org on these and other issues as they develop in Washington, DC.