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April 24, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Dissent from the denial of rehearing en banc - Ten Commandments display
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

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U.S. Sixth Circuit Court of Appeals: Other States Cases

 

*** ORDER ***
Amer Civil Liberties v. Mercer Cnty KY (April 24, 2006) Appeal from E.D. Kentucky
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0146p-06.pdf
-  A panel of this Court upheld the constitutionality of a certain
display containing the Ten Commandments. In order to do so, the panel
was willing to deviate from the precedent of this Court and to
mischaracterize Supreme Court precedent. In essence, the panel announced
a new rule: that an overt sectarian legislative history is necessary, as
a matter of law, before a display will be invalidated. The panel
premised this novel principle on a recent Supreme Court holding that an
avowed sectarian purpose is sufficient to invalidate a display. Because
the most charitable characterization of the panel's decision is that it
makes an illogical inference, I respectfully dissent from the order
denying en banc rehearing by this Court.
 

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