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« FDA Uses Stupid Excuses to Conceal Asinine Agenda The RantsWhat a Difference a Year Makes »

McCreary County Looking to Re-Try SCOTUS Case
2005.11.16 (Wed) 23:27

Just five months ago, the Supreme Court issued opinions on two cases in which the Ten Commandments were being displayed on government property. Because of a swing vote by Justice Breyer, the display in one of these cases, Van Orden v. Perry, was deemed to be constitutional, while the display in the other, McCreary County v. ACLU of Kentucky was ruled to be unconstitutional. We won't get into the details here since we covered this in detail in an earlier post, but it seems that the defendants in McCreary aren't ready to call it quits just yet.

According to an article in the McCreary County Record:

The federal Supreme Court ruled in June that McCreary County could not post the Ten Commandments in the courthouse foyer as the fiscal court's original resolution amounted to an endorsement of Christianity.

As the losing party, the county (along with fellow defendants Pulaski County and Harlan County Board of Education) is expected to be ordered to pay attorney fees for the American Civil Liberties Union. Those fees will be assessed at the U.S. District Court in London, where the suit was filed.

Last month, the county received information pertaining to a settlement offer from the ACLU reported to be near $500,000. On Tuesday, the fiscal court entered into executive session to discuss the offer for some 30 minutes before ultimately rejecting the offer in open court.

"We need to fight to the end," Magistrate Coy Taylor said.

One thing we have to say for the McCreary County Fiscal Court — they certainly are persistent. In this case, persistent to a fault. See, most people would consider a decision from five months ago issued by the highest court in the land to be "The End," but not these yahoos.

What's the source of their optimistic outlook?

However any talk of negotiations was called into question last week as comments Mat Staver, lead attorney for Liberty Counsel (which represents both McCreary and Pulaski counties), made to The Commonwealth Journal indicated a desire to retry the case.

"We're looking to take this case back to the United States Supreme court," Staver said.

Frozen Jesus-flavored Christ-sicles, are they serious? This case was just decided five months ago! How can they possibly think they can run it back up the line?

Staver went on to tell the Somerset paper that the likelihood that [the] Supreme Court would reconsider the case could be increased because it had been heard there once already and two justices will have been replaced since the case was heard in March.

Let's distill that — they think that the Great Justice Swap, taking O'Connor and Rehnquist out of the mix and putting Roberts and Alito on the bench, will be enough to justify the Supreme Court re-hearing a case from five months ago. Holy-fucking-Hell. It goes without saying that they should be dead wrong, and the Supreme Court should of course decline to re-hear the case. They already ruled a mere five months ago — that's it.

But this seems to be what the religiosos are expecting from the new Supreme Court — blatant, over-the-top toadying. If the Supreme Court chose to re-hear a case that was just decided, then that would imply that every decision ever made by the high court would be up for immediate debate. After all, if a case that was just ruled on months ago is set aside as a result of a staffing change, then certainly it would follow that rulings made years or decades ago are ripe for re-hearing. It's a scary thought, and one that we feel would spiral the country into practical chaos.

Assuming for a moment that the Supreme Court decides not to follow the path of insanity, where does that leave McCreary County? It leaves them with a big, fat legal bill that just keeps growing the longer they bitch and complain. We'd love to say that we can't wait for them to be officially stuck with the tab, but frankly, we suspect there are some rational folks living in McCreary County, and we ourselves would be sympathetically pissed off for them at how a bunch of obstinate zealots were wasting their tax dollars.

To the McCreary County Fiscal Court: Just stop. You were wrong, and you lost. You have been offered a settlement, and you should take it. Stop wasting the money of your taxpaying citizens on an issue that, quite frankly, was blatantly wrongheaded from its inception.

To the residents of McCreary County: Hopefully there's someone in an elected position that you can hold responsible for this idiocy. Follow the example of the Dover, PA folks who voted their resident religious nutjobs out of office. Good luck to you.

When asked about the decision to keep fighting the bad fight, McCreary County Fiscal Court Judge-Executive Blaine Phillips had the following to say:

"We came close to winning it," the judge said. "Like Lot and his wife, we can't look back."

What the fuck is wrong with these people? For everyone's sake — not least of all their own — we hope they do look back. The world can always use less zealots. And our soup's a little bland.

— • —
[  Filed under: % Civil Liberties  % Government & Politics  % Religion  ]

Comments (3)

RockstarRyan, 2005.11.18 (Fri) 09:37 [Link] »

I'm gonna pray for Newdow to win the lawsuit.

Ron Zeno, 2005.11.19 (Sat) 10:27 [Link] »

It's a nice scam actually: Convince gullible people that there is hope in their hopeless cause. Collect money from the them. Distract them from being concerned about more practical and pressing problems. When their hopeless cause is stopped cold yet again, use it to get the gullible angry. Focus their anger at whatever you want in order to collect more money from them and distract them further.

The Two Percent Company, 2005.12.01 (Thu) 00:03 [Link] »

Ryan: Amen, brother.

Ron: It's been working for them so far. Of course, we imagine it helps when your followers are narrow-minded, hateful sheep.

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