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Another Judge Defies the Constitution

by TChris

Judges who feel a need use their judicial office to promote the Ten Commandments should take a refresher course in constitutional law, focusing particularly on the Establishment Clause of the First Amendment. It doesn't matter that Judge Ashley McKathan of Alabama has received nothing but supportive calls and messages since he wore a robe in his courtroom with the Ten Commandments embroidered on his chest. The Bill of Rights does not give way to popular opinion; it protects everyone from the government's endorsement of religion. Judges, of all people, should understand that simple concept.

While Judge McKathan is pleased at the attention he's received, others who enter his court aren't as happy.

"I objected to the robe because the news media attracted by it has been a distraction in this case," [Attorney Riley] Powell said Wednesday. "Even though the judge warned them not to read papers or listen to the news media, this morning at least half had seen the news and read accounts of the issue -- it was on Rick and Bubba's radio show this morning and on 'Paul Harvey.' Some had even been called by the media."

Jurors are supposed to base their decisions on the law as explained in jury instructions, not on their own interpretations of the Ten Commandments. But when the Commandments are displayed on the judge's chest, will the jury understand the difference?

Let's hope that creative lawyers obtain a reversal of every conviction before Judge McKathan on the ground that improper jury instructions were written on the judge's robe. Maybe that will teach the judge to honor the Constitution he swore to uphold.

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