Comments on: 50K For Posting Ten Commandments http://www.stoptheaclu.com/2007/01/13/50k-for-posting-ten-commandments/ Beating Them With Their Own Sickle And Hammer Sun, 22 Nov 2009 18:50:16 -0500 http://wordpress.org/?v=2.8.2 hourly 1 By: Philip A. Byler http://www.stoptheaclu.com/2007/01/13/50k-for-posting-ten-commandments/comment-page-1/#comment-61058 Philip A. Byler Sun, 14 Jan 2007 18:19:28 +0000 http://stoptheaclu.dreamhosters.com/archives/2007/01/13/50k-for-posting-ten-commandments/#comment-61058 The posting of the Ten Commandments, along with other sources of the law, in the Rutherford County Courthouse, should not be regarded as unconstitutional. A mural on the ceiling of the New York County Supreme Court courthouse does the same. To say, as William Roha does, that Rutherford County should have known that the posting was unconstitutional is wrong. Rutherford County may have lost at the district court level, but that does not mean that the County would have lost at the appellate level. The problem is that if in the end the County lost, the ACLU would get attorneys fees under the civil rights statute awarding attorneys fees to the prevailing party. What the County decided was to settle rather than run the risk of a larger attorneys fees award to the ACLU. By this in terrorem effect, erroneous district court decisions are not overturned. The issue of the posting of the Ten Commandments needs to be clarified by the U.S. Supreme Court. Its last two decisions are confused and confusing. Litigants such as Rutherford County should not be deterred from litigating the issue because of the attorney fees statute. Legislation disallowing the ACLU from obtaining attorneys fees in these kinds of cases has been proposed and is long overdue to be enacted. The posting of the Ten Commandments, along with other sources of the law, in the Rutherford County Courthouse, should not be regarded as unconstitutional. A mural on the ceiling of the New York County Supreme Court courthouse does the same. To say, as William Roha does, that Rutherford County should have known that the posting was unconstitutional is wrong. Rutherford County may have lost at the district court level, but that does not mean that the County would have lost at the appellate level. The problem is that if in the end the County lost, the ACLU would get attorneys fees under the civil rights statute awarding attorneys fees to the prevailing party. What the County decided was to settle rather than run the risk of a larger attorneys fees award to the ACLU. By this in terrorem effect, erroneous district court decisions are not overturned. The issue of the posting of the Ten Commandments needs to be clarified by the U.S. Supreme Court. Its last two decisions are confused and confusing. Litigants such as Rutherford County should not be deterred from litigating the issue because of the attorney fees statute. Legislation disallowing the ACLU from obtaining attorneys fees in these kinds of cases has been proposed and is long overdue to be enacted.

]]> By: William Roha http://www.stoptheaclu.com/2007/01/13/50k-for-posting-ten-commandments/comment-page-1/#comment-61057 William Roha Sat, 13 Jan 2007 23:05:12 +0000 http://stoptheaclu.dreamhosters.com/archives/2007/01/13/50k-for-posting-ten-commandments/#comment-61057 Rutherford County knew, or should have known, that they were engaged in unconstitutional behavior by posting a religious monument on county property. They continued in that course of action even though they knew the consequences of losing a court fight. Now they lost. If you want to blame someone for giving $50,000 to the ACLU, look to the commissioners and those who urged them to continue their illegal actions. Rutherford County knew, or should have known, that they were engaged in unconstitutional behavior by posting a religious monument on county property.

They continued in that course of action even though they knew the consequences of losing a court fight.

Now they lost. If you want to blame someone for giving $50,000 to the ACLU, look to the commissioners and those who urged them to continue their illegal actions.

]]> By: Jeff Molby http://www.stoptheaclu.com/2007/01/13/50k-for-posting-ten-commandments/comment-page-1/#comment-61056 Jeff Molby Sat, 13 Jan 2007 19:45:59 +0000 http://stoptheaclu.dreamhosters.com/archives/2007/01/13/50k-for-posting-ten-commandments/#comment-61056 <blockquote>Another example of how <b>the ACLU</b> uses your tax dollars.</blockquote> Interesting. I thought we held the losing party morally responsible.

Another example of how the ACLU uses your tax dollars.

Interesting. I thought we held the losing party morally responsible.

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