An Active Autumn

On the legal and legislative front in Washington, D.C. - it will be a busy fall - from preparing filings for the U.S. Supreme Court to take critical cases involving the Ten Commandments to pushing for a vote by the Senate on judicial nominees.

The ACLJ is preparing legal documents to be filed at the Supreme Court of the United States asking the high court to take two Utah cases that could force local governments across the country to remove existing displays including long-standing patriotic and historical displays the result of local governments being compelled to post privately owned monuments or displays from any group about anything.

At issue:  a decision by a federal appeals court that ruled that a group called Summum could erect its Seven Aphorisms monument in the city parks because the cities display monuments of the Ten Commandments which were donated decades ago by the Fraternal Order of Eagles.

ACLJ Chief Counsel Jay Sekulow says this decision needs to be overturned by the high court.  "This is a very troubling decision that left standing could alter the landscape of Americas cities and towns by forcing local governments to remove long-standing patriotic, religious, and historical displays in order to comply with a twisted interpretation of the First Amendment.  This is a case that turns free speech and equal access on its head and ultimately would compel local governments to display privately-owned monuments of any kind a move that is not only wrong but unconstitutional.  This case has very serious ramifications for the entire nation.  In addition to pressuring local and state governments to remove any vestige of our religious heritage like the Ten Commandments this flawed legal analysis would likely result in the removal of displays and monuments celebrating Americas culture and heritage.  Its a significant issue that must be addressed by the Supreme Court."

The high court will be asked to take the cases in the weeks ahead and it will be months before the Justices decide on whether they will get involved.

On Capitol Hill, the focus is on nominations.  Of course, efforts are moving forward to prepare the way for a confirmation vote of President Bush's selection of U.S. Attorney General.  Judge Michael Mukasey is a highly respected jurist and has a tremendous record of accomplishment both as Chief Judge of the U.S. District Court for the Southern District of New York as well as an attorney in private practice.  He brings a steady hand of leadership to the Department of Justice.  And his handling of some of the most important cases involving terrorism underscores his respect for the Constitution and the rule of law.

Judge Mukasey will have a hearing before the Senate Judiciary Committee and ultimately a vote before the full Senate.  That process is likely to begin in the middle of this month.

At the same time, ACLJ's Director of Government Affairs, Drew Ryun, reports there increased attention regarding the vacancies on the federal bench both on the district court and appeals court levels.  The Senate is lagging far behind traditional confirmation rates of judicial nominees.

There are currently two extremely qualified nominees (Leslie Southwick and Jennifer Elrod) for the 5th Circuit who have cleared the Senate Judiciary Committee and now await a vote on the Senate floor.  Efforts will intensify to get Senate leadership to get a vote for these nominees.

On the legislative front, the ACLJ is closely watching House Resolution 2826.  The measure has been aptly called the "Terrorists' Bill of Rights" as the bill itself would give terrorists the same legal and constitutional rights as American citizens.  A hearing in the House on this measure was to take place last week but has been delayed and could take place later this week.  We'll keep you posted.
 
And, after the Columbus Day recess, the Senate will take up the Labor/HHS appropriations bill. There is a possibility that an important piece of legislation -- designed to defund Planned Parenthood of its Title X funding -- could surface at that time in the form of an amendment.
 
As you can see, there's a number of key legal and legislative issues front and center this fall.  At the ACLJ, we remain dedicated to protecting your religious and constitutional freedoms and addressing the issues that matter most to you and your family.

We'll keep you posted as developments unfold and of course you can always catch the latest news, insight, and analysis from ACLJ Chief Counsel Jay Sekulow on the daily radio broadcast, Jay Sekulow Live!