(CNSNews.com) - Conservative legal experts say a federal district judge in Wisconsin had no legal basis for declaring the National Day of Prayer unconstitutional – and predict the decision cannot stand.
“If the National Day of Prayer is unconstitutional, then the Constitution itself if unconstitutional,” Mathew Staver, president of Liberty Counsel and dean of the Liberty University School of Law in Lynchburg, Va., told CNSNews.com.
“The National Day of Prayer – or prayer itself – is older than the Constitution,” Staver said. “There is no question (this ruling) will be overturned by the U.S. Supreme Court.” [...]
Brian Cunningham: The grounds that the supreme court is full of assholes that go in favor of religion every chance they get.
That's a just plain ignorant statement. Give the courts a degree of consideration. The judges did not get where they are by being imbeciles or pawns. Remember Kitzmiller v. Dover Area School District. The presiding judge was John E. Jones III - a conservative, christian Bush appointee.
I was going for pessimistic and cynical. And hooray for the Dover decision! That wasn't supreme court though. Scalia whips his back into a bloody mess while masturbating and thinking about cases like this.
The US courts do have a great number of great judges, but Brian is partially correct: the current Supreme court make up will lead to this being a 5-4 decision...although I'm not sure which way it will go. That is, of course, if the case even makes it that far.
Circa 1813: President James Madison proclaimed a day of prayer. He later said such proclamations are not appropriate. "They seem to imply and certainly nourish the erroneous idea of a national religion."
1808: Thomas Jefferson also opposed declarations of national days of prayer by the Federal government. He wrote "Fasting and prayer are religious exercises; the enjoining them an act of discipline. Every religious society has a right to determine for itself the time for these exercises, and the objects proper for them, according to their own particular tenets; and right can never be safer than in their hands, where the Constitution has deposited it."
Just because a tradition is long standing neither makes it right OR constitutional.