Supreme Court sides with coach who sought to pray after game
The Supreme Court sided Monday with a high school football coach from Washington state who sought to kneel and pray on the field after games, a decision that could strengthen the acceptability of some religious practices in other public school settings. The court ruled 6-3 for the coach, with the court’s conservative justices in the majority and its liberals in dissent. The justices said the coach’s prayer was protected by the First Amendment. “The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike,” Justice Neil Gorsuch wrote for the majority. The case forced the justices to wrestle with how to balance the religious and free speech rights of teachers and coaches with the rights of students not to feel pressured into participating in religious practices. The decision is the latest in a line of Supreme Court rulings for religious plaintiffs. In another recent example, the court ruled this month that Maine can’t exclude religious schools from a program that offers tuition aid for private education, a decision that could ease religious organizations’ access to taxpayer money. In a dissent Monday, Justice Sonia Sotomayor wrote that the coach decision “sets us further down a perilous path in forcing states to entangle themselves with religion.” She was joined in her dissent by Justice Stephen Breyer and Justice Elena Kagan. The coach and his attorneys at First Liberty Institute, a Christian legal group, were among those cheering the decision. Paul Clement, the attorney who argued the case on behalf of coach Joseph Kennedy, said in a statement that the decision would allow the coach “to finally return to the place he belongs – coaching football and quietly praying by himself after the game.” Kennedy himself said in a statement: “This is just so awesome. All I’ve ever wanted was to be back on the field with my guys. I thank God for answering our prayers and sustaining my family through this long battle.” Kennedy, a Christian, is a former football coach at Bremerton High School in Bremerton, Washington. He started coaching at the school in 2008 and initially prayed alone on the 50-yard line at the end of games. Students started joining him, and over time he began to deliver a short, inspirational talk with religious references. Kennedy did that for years and also led students in locker room prayers. The school district learned what he was doing in 2015 and asked him to stop. Kennedy stopped leading students in prayer in the locker room and on the field but wanted to continue praying on the field himself, with students free to join if they wished. Concerned about being sued for violating students’ religious freedom rights, the school asked him to stop his practice of kneeling and praying while still “on duty” as a coach after the game. When he continued to kneel and pray on the field, the school put him on paid leave. In a statement, the Bremerton School District and their attorneys at Americans United for the Separation of Church and State, said the decision undermines the separation required by the Constitution. The school district said that it had “followed the law and acted to protect the religious freedom of all students and their families” and that it would work with its attorneys to make sure the district “remains a welcoming, inclusive environment for all students, their families, and our staff.” Three justices on the court — Breyer, Kagan, and Justice Samuel Alito — attended public high schools, while the rest attended Catholic schools. The case is Kennedy v. Bremerton School District, 21-418. Republished with the permission of The Associated Press.
AG Steve Marshall demands Alabama abortion clinics “cease and desist operations” and promises prosecution for violations
Attorney General Steve Marshall issued a statement following the U.S. Supreme Court opinion overturning Roe v. Wade. “Today is a truly historic day. The United States Supreme Court has, at long last, finally overturned its fatally flawed decision in Roe v. Wade. The issue of abortion now returns to the States—and the State of Alabama has unequivocally elected to be a protector of unborn life,” Marshall stated. In 2019, Alabama passed the Alabama Human Life Protection Act that would make performing an abortion a felony in almost all cases. However, an injunction by U.S. District Judge Myron Thompson temporarily stopped the ban from taking effect. The Supreme Court ruling from the 1973 ruling of Roe v. Wade made the law unenforceable. Now that Roe v. Wade has been overturned, states with these types of laws can now enforce them. Marshall continued, “Because neither the United States Constitution nor the Alabama Constitution provides a right to abortion, Alabama laws that prohibit abortion and that have not been enjoined by a court are in full effect. For those laws that have been halted by courts, the State will immediately file motions to dissolve those injunctions. Any abortionist or abortion clinic operating in the State of Alabama in violation of Alabama law should immediately cease and desist operations. The injunction the court put on the Alabama Human Life Protection Act was lifted on the same day Roe v. Wade was reversed. Marshall released a statement on that ruling, saying, “Alabama’s law making elective abortions a felony is now enforceable. Anyone who takes an unborn life in violation of the law will be prosecuted, with penalties ranging from 10 to 99 years for abortion providers.”
Some U.S. clinics stop doing abortions as ruling takes hold
Abortion bans that were put on the books in some states in the event Roe v. Wade was overturned started automatically taking effect Friday, while clinics elsewhere — including Alabama, Texas, and West Virginia — stopped performing abortions for fear of prosecution, sending women away in tears. “Some patients broke down and could not speak through their sobbing,” said Katie Quinonez, executive director of West Virginia’s lone abortion clinic, whose staff spent the day calling dozens of patients to cancel their appointments. “Some patients were stunned and didn’t know what to say. Some patients did not understand what was happening.” America was convulsed with anger, joy, fear, and confusion after the Supreme Court overturned Roe. The canyon-like divide across the U.S. over the right to terminate a pregnancy was on full display, with abortion-rights supporters calling it a dark day in history while abortion foes welcomed the ruling as the answer to their prayers. Women who traveled across state lines to end a pregnancy found themselves immediately thwarted in some places as abortions were halted as a result of state laws that were triggered by the court decision or confusion over when those laws would take effect. In eliminating the constitutional right to abortion that has stood for a half-century, the high court left the politically charged issue up to the states, about half of which are now likely to ban the procedure. Abortions were immediately halted in nine states. Providers in two other states, Oklahoma and South Dakota, had already stopped performing the procedure in the past month. About 73 million people live in the 11 states where the procedure was not available — more than a fifth of the U.S. population. The reaction across the country largely fell along predictable political lines. New Mexico Gov. Michelle Lujan Grisham, a Democrat in a state where abortions are available with few restrictions, called the ruling a “war on women” and vowed to stand as a “brick wall” to help preserve the right. Republican Virginia Gov. Glenn Youngkin vowed to seek a ban on abortions after 15 weeks. Florida Gov. Ron DeSantis, a conservative Republican widely considered a potential candidate for president in 2024, tweeted: “The Supreme Court has answered the prayers of millions upon millions of Americans.” The issue is certain to intensify the fall election season. Both sides intend to use the issue to energize supporters and get them to vote. “This country is lurching to the right, taking away rights. The voters are going to have to intervene,” said Democratic Rep. Jim Clyburn of South Carolina, the U.S. House majority whip. Some states, including Louisiana, Arkansas, and Missouri, had “trigger law” bans on the books that went into effect as soon as Roe fell. In Alabama, the state’s three abortion clinics stopped performing the procedure for fear providers would now be prosecuted under a law dating to 1951. At the Alabama Women’s Center for Reproductive Alternatives in Huntsville, the staff had to tell women in the waiting room Friday morning that they could not perform any more abortions that day. Some had come from as far away as Texas for an appointment. “A lot of them just started breaking down crying. Can you imagine if you had driven 12 hours to receive this care in this state and you are not able to?” clinic owner Dalton Johnson said. Patients were given a list of out-of-state places still doing abortions. Abortion providers across Arizona likewise stopped doing procedures while they try to determine if a law dating to pre-statehood days — before 1912 — means doctors and nurses will face prison time now. In Texas, providers wondered which law they had to follow: a 1925 ban, a 2021 law that limits abortions to the first six weeks of pregnancy, or a trigger law that bans the procedure outright, but wouldn’t take effect for a month or more. The confusion led them to suspend abortions while they seek legal advice. Texas Republican Attorney General Ken Paxton warned they could face immediate prosecution for performing abortions under the Prohibition-era ban, which carries two to five years in prison. It was the risk of prosecution under a 19th-century abortion ban punishable by prison that led the Women’s Health Center of West Virginia to stop performing the procedure. West Virginia Gov. Jim Justice, a Republican, said he will not hesitate to call the Legislature into special session if the ban needs to be clarified. In Ohio, a federal judge dissolved an injunction, allowing a 2019 state law to take effect banning most abortions at the first detectable fetal heartbeat. The high court ruling drew strong reactions around the country. Carol E. Tracy, the executive director of the Women’s Law Project in Philadelphia, was “absolutely furious.” “They want women to be barefoot and pregnant once again,” she said. “But I have no doubt that women and like-minded men, and people in the LGBTQ community, who are also at great risk, … we’re going to fight back. I think it’s going to be a long, hard fight.” Garrett Bess, who works with a lobbying arm of the conservative Heritage Foundation, said his group will continue to press states to restrict abortion. “We’ll be working with grassroots Americans to ensure the protection of pregnant mothers and babies,” Bess said outside the Supreme Court. “This has been a long time coming, and it’s a welcome decision.” Opinion polls show that a majority of Americans favor preserving Roe. They include Alison Dreith, 41, an abortion activist in southern Illinois, where the governor has vowed to keep the procedure accessible. She said she fears for the safety of abortion workers, especially those who help people from states where the procedure is banned. Dreith works with the Midwest Action Coalition, which offers gas money, child care, and other practical support to women seeking abortions. “I absolutely believe that they will try to come after me. I’m not built for prison, but I’m ready,” she said, “and I say, ‘Let’s do this.’ You
Alabama judge cited for remarks against Gov. Kay Ivey
An Alabama judge who belittled the governor over her age and gender and repeatedly cursed in court was removed from duty and could be ousted from office, records show. Mobile County Circuit Judge James T. Patterson was suspended after the Judicial Inquiry Commission, which investigates complaints against judges, accused him of violating judicial ethics with a string of remarks about Republican Gov. Kay Ivey and repeated profanity in court. A judge since 2017, Patterson is a Republican who has referred to his remarks as bad jokes. Patterson referred to the 77-year-old Ivey as “Gov. MeMaw,” a disparaging term used by some critics, in an order complaining about her decision to make most people remain at home during the early days of the COVID-19 pandemic, the commission alleged, and he regularly used profanity while presiding over court sessions and in written orders. Investigators said Patterson made an inappropriate remark about everyone in court being able to speak English when he saw a potential juror who appeared to be of Asian descent. Patterson quickly apologized to the jury pool for the remark, which he called a “stupid, stupid joke,” and subsequently denied any racism in a public post on social media. “The liberals call everyone they disagree with a racist nowadays. I am nothing of the kind,” Patterson wrote in 2019, according to the commission’s complaint. He defended his repeated use of “dead a— broke” to refer to Alabama’s underfunded court system, saying he has led the fight to increase funding. Patterson apologized to Ivey in a letter in which he said his “Gov. MeMaw” remark “was a poor attempt at humor in the midst of this Covid-19 mess,” but continued using the term in reference to Ivey in discussions with lawyers, investigators found. Patterson hasn’t submitted a response to the commission charges, which were filed last week and will be considered by the Court of the Judiciary. If convicted, Patterson could face penalties as severe as removal from office. Republished with the permission of The Associated Press.
Tie in Alabama GOP race between Jay Hovey and Tom Whatley means winner to be selected by lot
Alabama’s Republican Party has declared a tie in the primary race for a state Senate seat and says the winner will be chosen by lot. A state party news release says the party’s Candidate Committee held a hearing Saturday and said the District 27 primary race between Auburn City Councilman Jay Hovey and incumbent Tom Whatley was officially a tie. It said the winner would be determined in accordance with the state election code. News outlets reported that the committee held the hearing after provisional ballots were counted in the already close primary race and Hovey appeared to be ahead by only a single vote. The party did not release a reason for its decision. Hovey in a message to The Montgomery Advertiser on Saturday night accused the party of counting an unregistered voter to bring the race to a tie. “Certainly every vote is important and it’s unfortunate if anyone is mistaken that they are registered to vote,” Hovey wrote. It was unclear if he would challenge the decision. The state election code says that in the event of a tie in a legislative race, the Secretary of State shall decide the winner by lot. The district covers Tallapoosa, Lee, and Russell counties. The GOP news release did not provide details on when the winner would be selected or the method to be used. The Opelika-Auburn News reports that one method of deciding a tie by lot is to have the candidates draw slips of paper with one of them being marked as the winner. “It could be a roll of a dice, high card, or rock-paper-scissors,” Secretary of State John Merrill told AL.com. Whoever is declared the winner of the primary will run against Democrat candidate Sherri Reese of Opelika in the general election in November. Reese was unopposed for the Democratic nomination. Republished with the permission of The Associated Press.
