Thursday, June 09, 2005

STOP the ACLU--START with HR 2679

WARNING--This is a "Stop the ACLU Blogburst" production...liberals read at your own peril, I cannot be responsible for your blood pressure, nor will I pay for anything you break in a fit of pique.

I am all for civil rights, as I have said here before. I am also for vindicating and protecting those rights. I don't even mind (much) if my tax dollars pay some attorney's fees when someone suffers physical or property damage during an infringement of their civil rights.

But that's about where I would draw the line, which is why I support the Public Expression of Religion Act of 2005, sponsored by Representative John Hostetler.
The Act would limit the relief allowed in lawsuits filed under the Establishment Clause of the First Amendment to the injunctive variety, and would not allow the prevailing party to collect attorney's fees. What does that mean? It means you can sue to stop a municipality or school from doing whatever it is that you find offensive, and if you win they have to stop doing it, but there's no payday for the ACLU at the end of the day. Let them pay for their political and anti-Christian agenda through the donations of their loyal camp followers and leave tax dollars out of it.

How much are we talking about? Attorney's fees awards in these cases, in recent years, have sometimes run into hundreds of thousands of dollars. This creates a "chilling effect"--beleaguered municipalities would rather "switch than fight" when the ACLU threatens a lawsuit,
even if they believe in their hearts that the challenged activity is constitutional. They can't risk being wrong, and even if they're right, they can't afford the chance that they will run into an activist judge who will rule against them.

The Act
would not affect the citizen's right to sue to vindicate a perceived violation of their would only eliminate a huge incentive the ACLU has to generate cases in order to collect inflated 6-figure attorney's fees, and it would take away a huge hammer that they use to batter defendants into settlement agreements. This is not an amendment to the constitution or a change in constitutional rights or a limit on constitutional simply correct a flaw in an earlier piece of legislation.

Contact your legislator and support this important bill.

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