A Unanimous Supreme Court Ruling?

January 12, 2012 | Filed under Constitutional Issues,Justice,Supreme Court | Posted by

That’s not something one sees all that often these days.  That’s Elena Kagan agreeing with Antonin Scalia, and Sonia Sotomayor agreeing with Clarence Thomas.  That’s a judgement from a district court supporting a claim by an agency of the Federal Government so contrary to the Constitution that every justice agreed that it must be struck down.

It was also a unanimous Supreme Court overturning the Obama Administration.

Supreme Court delivers a knockout punch to the White House

By Peter Johnson Jr.

Wednesday the United States Supreme Court delivered a knockout blow to the White House in the cause of religious liberty.

Chief Justice John Roberts, writing for a unanimous court swatted away the government’s claim that the Lutheran Church did not have the right to fire a “minister of religion” who, after six years of Lutheran religious training had been commissioned as a minister, upon election by her congregation.

The fired minister — who also taught secular subjects — claimed discrimination in employment. The Obama administration, always looking for opportunities to undermine the bedrock of First Amendment religious liberty, eagerly agreed.

The opinion makes for interesting reading, and the unanimous nature of the decision is a refreshing affirmation of original intent.

 

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Posted by on January 12, 2012.
Filed under Constitutional Issues, Justice, Supreme Court.
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  • jim_m

    This ruling slams the door hard on the obama admin’s hopes to be able to sue virtually every Christian church in America for racial discrimination.  When you look at the Lutheran Church the requirements that ministers be familiar with Lutheran doctrine reduces the percent of Blacks who meet that criteria to around 1%.  there is little doubt that Holder’s DOJ would have seized the opportunity to sue many Christian denominations for requiring that employees actually know something about the faith they are being a representative of. 

    The Supreme Court rightly shut down any consideration that the government has any right to intrude on the hiring practices of religious organizations.

  • http://profiles.google.com/jinxmchue Jinx McHue

    Any decision that has Mr. Barry Lynn whining is a good decision.

    • http://wizbangblog.com/author/rodney-graves/ Rodney G. Graves

      Who?

      • http://profiles.google.com/jinxmchue Jinx McHue

        Some nitwit who pretends to be a religious liberties champion and a reverend.

      • http://profiles.yahoo.com/u/EU5DQWQTTHTPO4A4ZYSL3AAV2U Adjoran

        A whiny atheist with a clerical collar who sues to be rid of any vestige of religion not only in his life, but within his view.  If he could force towns to stop having intersections in the shape of a cross, he would do it.

        He considers that anyone who says, “Merry Christmas” or “God bless you” when you sneeze on public property to be in violation of his right to be absolute dictator.

  • http://pulse.yahoo.com/_QTKFCCUIJILNB3ZG3CZNMWJJNY ThanM

    Why do you need to know anything about the religion you are preaching for/about? Jeremiah Wright (sp?) knows nothing about Christianity yet he was Obama’s preacher for decades. Plus, Obama never listened to his preacher anyway, since he had no idea of the hate that Wright spewed from the pulpit. So, what the preacher or person in charge actually does or doesn’t know is irrelevant.

  • Idahoser

    the thing that amazes me is that we think its okay for the government to ever get involved in who can be hired or fired by any business.

  • http://profiles.yahoo.com/u/NLDVHVBNBKSUODWOIAFHQBAHII Stan

    Too bad that the scope of that decision was so narrow. This same ruling could apply to the case down in South Carolina, where the NLRB shut down that new Boeing plant. Hopefully that one will be overturned too.

    • http://wizbangblog.com/author/rodney-graves/ Rodney G. Graves

      Completely different issues at play.

      • herddog505

        Strictly speaking, you’re right.  However, I suggest that Idahoser hits the nail on the head: why is it acceptable for Uncle Sugar to tell a business who it may or may not hire or where it may or may not operate?  Where in the Constitution is this power granted?

        • http://wizbangblog.com/author/rodney-graves/ Rodney G. Graves

          @herddog505:disqus , you have a good point, but it relies on two of the least invoked amendments (IX and X, III being the least invoked), whereas this issue touched on the oft argued first amendment.

        • jim_m

          You have to look at it the way that Barry sees it.  He ignores the 10th amendment where it says The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively,
          or to the people.           

          Barry believes that anything not expressly prohibited under the constitution is something that he has the right to do whether the people support it or not.  His famous complaint was that the constitution says what the government cannot do and that it lacks anything saying what the government can do without he people’s consent.

          obama takes the extreme position that if it isn’t prohibited then he has the right to do it and that he is the one who determines what the constitution says.  He has already tried to negate the congress by declaring that he alone determines whether or not they are in session. 

          It only gets worse from here folks unless he is removed from office.  I don’t expect him to go quietly.

    • http://profiles.yahoo.com/u/EU5DQWQTTHTPO4A4ZYSL3AAV2U Adjoran

      They didn’t shut down the plant, they charged building it was a labor law violation and would seek over $1 billion in damages.  The allegation was building it was in retaliation for past labor strikes in Washington state, even though Boeing wasn’t even closing one of those plants or laying off any of those workers (even though it would have been their legal right to do it as long as it wasn’t to “retaliate”), although they were in fact also building another plant there and hiring, not firing.

      It was dropped the minute Boeing reached a new contract with the machinists’ union.  It was a shakedown for a better deal, nothing more.

      Obama is corrupt to his very soul.

      • http://wizbangblog.com/author/rodney-graves/ Rodney G. Graves

        “Obama is corrupt [to his very] to the empty hole where is soul should be.”

        FIFY

        • Brian_R_Allen

          …. “Obama is corrupt [to his very] to the empty hole where is soul should be ….”

          Oh, that that soul-less arse’s hole was only empty. Rather than being an imploding Black Hole of self-and-own-culture-loathing envy-fueled, rage-engined and hatred-driven pathological narcissism. Mewled with his mother’s milk and manured by such of malignant Mummy’s mob of minders, mounters, meddlers and mentors as Frank Marshall Davis, William Ayres, Jeremiah Wright et al — and by his vulgar common, bogan “spouse,” Michelle-Antoinette — and which leaves him so psychopathologically enraged an imagined moment of American happiness — or even its pursuit — causes him pain. 

          Take away the flimsy constraints placed on him by the tattered shreds of the united States’ Constitution and by the one feral judge in one hundred who still fits the job description and you’re looking at America’s definitive charismatic narcissist. 

          Who, unlike Germany’s, never,  on his merits, made even Corporal.

          Nor can paint nor hang paper.

          Brian Richard Allen
          Lost Angels – Califobamacated 90028
          And The Very Far Abroad