In fact, it was to prevent even the , much less the unelected federal judiciary running rogue shot over states.
As Clarence Thomas wrote in his partial concurrence in Town of Greece v.
In a twist of irony, this federal judge, although appointed by Obama, was originally a Republican and had more Republican support in his Senate confirmation because of a deal between the two Pennsylvania senators.
Democrats actually thought he was too conservative.
Even if a state judge or state official disagrees, nobody will suggest they actively execute the guy in contravention to the court ruling.
But for a federal judge to demand that a replica of the Ten Commandments or a state flag be ripped down, there is no reason to actively obey it.
But certainly the other branches of government — which wield more robust power — do. Thus, if one believes that a specific precedent (in this case, all sides agree it’s very dubious and muddled anyway) is unconstitutional, the judge has an obligation, pursuant to his oath of office, to uphold the Constitution.
Furthermore, this is a perfect example of what distinguishes the “judicial power” of “cases and controversies” from the power of a super-legislature with final and exclusive jurisdiction over every political and social issue in the country.
3 of 2017 - Submissions [ Download ]Petitioners Motion to Strike Out ruling [Download]1st Respondent's Motion to Strike Out ruling [Download]3rd Respondent's Motion to Strike Out ruling [Download]AG Motion Amicus Ruling [Download]Ekuru Motion Interested Party Ruling [Download]Michael Wainaina Motion Interested Party Ruling [Download]Petitioner Grounds of opposition to striking out applicaiton [ Download ]Petitioner Request for Access to election Materials [ Download ]Petitioner Request for logs - Submissions [ Download ]PETITIONER'S LIST OF ISSUES [Download] 1st and 2nd Respondents Submissions [Download]2nd Respondents List Digest and Bundle of Authorities [Download]2nd Respondent's Replying Affidavit 24082017 [Download]Affidavit of Immaculate Kassait [Download]Affidavit of James Muhati [Download]Affidavit of Lucy Ndung'u [Download]Ezra Chiloba Affidavit [Download]2nd Respondent Response to Petition [Download]1ST& 2ND RESPONDENTS WRITTEN SUBMISSIONS [Download]2nd Respondent List and Digest of Authorities [Download]3RD RESPONDENT WRITTEN SUBMISSIONS for application to strike out [Download]3RD RESPONDENT AFFIDAVIT IN REPLY TO THE AFFIDAVIT OF NORMAN MAGAYA [Download]3rd RESPONDENT REPLY TO THE PETITIONER SUPPLEMENTARY AFFIDAVIT OF OLGA KARANI [Download]3rd Respondent affidavit in response to the supporting affidavit of Omar Yusuf Mohamed [Download]3rd Respondent submissions in response to the Petitioner Notice of Motion Application [Download]3RD Respondent supplementary list of authorities and the a copy of the authorities [Download]Supreme Court Presidential Election Petitions Timelines.Are we going to deny that the entire state of Pennsylvania was founded by Quakers and expunge any of their symbols from state figures and property? Are they going to attack the official seal of Puerto Rico?It has a pictorial presentation of Jesus as the lamb of God with references to John the Baptist in Latin: Obviously, anyone with even rudimentary knowledge of the First Amendment knows that the Establishment Clause was designed to do the exact opposite.While he seemed to indicate he personally believes it doesn’t violate the First Amendment, he incoherently hid behind phony precedent to say that it is incumbent upon defendants to show that the symbol has a secular purpose; otherwise, it is endorsing Christianity.But even if one agrees with the unconstitutional “Lemon test” (whether the government is “endorsing” religion) that the judge used, a basic flag such as this is clearly not an endorsement of anything potent — rather, a symbol of the county’s founders.