Post by Randall Lord on Jul 29, 2007 10:22:42 GMT -5
www.nola.com/newsflash/louisiana/index.ssf?/base/news-33/118541759877780.xml&storylist=louisiana&thispage=1
7/25/2007, 10:30 p.m. CDT
The Associated Press
NEW ORLEANS (AP) — The 5th U.S. Circuit Court of Appeals on Wednesday vacated a lower court ruling against the Tangipahoa Parish School Board over prayers at board meetings, saying the plaintiffs didn't show they had standing to file the suit.
The appeals court, in an 8-7 split decision, also remanded the case back to the lower court with instructions to dismiss the case brought by the American Civil Liberties Union on behalf of two public school students and their father.
Ron Wilson, an attorney who represented the plaintiffs, said the appellate ruling means "the case is basically over."
Writing for the majority, Chief Judge Edith Jones found that the court record had no evidence that the plaintiffs actually were exposed to the meeting invocations to claim a harm under the Establishment Cause of the U.S. Constitution.
Although standing had not been an issue, attorneys for the School Board raised the issue in their brief to the appeals court.
"It is not this court's fault that the connection between their attendance and allegedly unconstitutional activity is not made in the record," the ruling said.
"Without the requisite specifics, this court would be speculating upon the facts. This is something we cannot do, particularly in the standing context, where the facts must be proven, not merely asserted or inferred. ... To find lack of standing at this late stage no doubt poses an inconvenience for the parties. On the other hand, it spares this court from issuing a largely hypothetically-based ruling on issues of broad importance to deliberative public bodies in this circuit and beyond."
Schools Superintendent Mark Kolwe, in a statement, said he was "very pleased with the outcome" but declined further comment.
Kolwe said the board will meet with its attorneys Aug. 7 to discuss the impact of the ruling and to get advice on how to proceed with regard to prayer at board meetings in the future.
Wilson said he believes the 5th Circuit "used a weak argument on standing" to sidestep the issue.
"I think the court was looking for a reason not to decide this issue. That's unfortunate," he said.
"We wanted the court to make a decision as to whether or not prayer at School Board meetings, invocations at School Board meetings, were unconstitutional. The court completely avoided that issue. If you can't go to a court to get a determination on the issues, where can you go? I'm disappointed. Win, lose or draw, you want a determination on the merits."
Judge Fortunato P. Benavides disagreed with the majority's opinion that there was no proof in the record that the family was ever exposed to, and thus injured by, a prayer offered at a School Board meeting.
7/25/2007, 10:30 p.m. CDT
The Associated Press
NEW ORLEANS (AP) — The 5th U.S. Circuit Court of Appeals on Wednesday vacated a lower court ruling against the Tangipahoa Parish School Board over prayers at board meetings, saying the plaintiffs didn't show they had standing to file the suit.
The appeals court, in an 8-7 split decision, also remanded the case back to the lower court with instructions to dismiss the case brought by the American Civil Liberties Union on behalf of two public school students and their father.
Ron Wilson, an attorney who represented the plaintiffs, said the appellate ruling means "the case is basically over."
Writing for the majority, Chief Judge Edith Jones found that the court record had no evidence that the plaintiffs actually were exposed to the meeting invocations to claim a harm under the Establishment Cause of the U.S. Constitution.
Although standing had not been an issue, attorneys for the School Board raised the issue in their brief to the appeals court.
"It is not this court's fault that the connection between their attendance and allegedly unconstitutional activity is not made in the record," the ruling said.
"Without the requisite specifics, this court would be speculating upon the facts. This is something we cannot do, particularly in the standing context, where the facts must be proven, not merely asserted or inferred. ... To find lack of standing at this late stage no doubt poses an inconvenience for the parties. On the other hand, it spares this court from issuing a largely hypothetically-based ruling on issues of broad importance to deliberative public bodies in this circuit and beyond."
Schools Superintendent Mark Kolwe, in a statement, said he was "very pleased with the outcome" but declined further comment.
Kolwe said the board will meet with its attorneys Aug. 7 to discuss the impact of the ruling and to get advice on how to proceed with regard to prayer at board meetings in the future.
Wilson said he believes the 5th Circuit "used a weak argument on standing" to sidestep the issue.
"I think the court was looking for a reason not to decide this issue. That's unfortunate," he said.
"We wanted the court to make a decision as to whether or not prayer at School Board meetings, invocations at School Board meetings, were unconstitutional. The court completely avoided that issue. If you can't go to a court to get a determination on the issues, where can you go? I'm disappointed. Win, lose or draw, you want a determination on the merits."
Judge Fortunato P. Benavides disagreed with the majority's opinion that there was no proof in the record that the family was ever exposed to, and thus injured by, a prayer offered at a School Board meeting.