Inhofe: Obama's Judicial Nominee is a Secret Muslim

Noted global warming denier James Inhofe, who once insisted that the United States base its foreign policy on the book of Genesis, announced on the Senate floor yesterday that he will filibuster the nomination of Judge David Hamilton to the Seventh Circuit. Judge Hamilton, a highly regarded district judge whose nomination received enthusiastic support from Hamilton's homestate Republican Senator Richard Lugar, is President Obama's first nominee to the federal bench.

Inhofe says he will filibuster Judge Hamilton because Hamilton's enforcement of the Establishment Clause offends Inhofe's fundamentalist beliefs:

Many remember David Hamilton because of his 2005 decision as a Federal district court judge presiding over the case Hinrichs v. Bosmah, in which he enjoined the Speaker of Indiana's House of Representatives from permitting ``sectarian'' prayers to be offered as part of that body's official proceedings, meaning that the chaplain or whomever opened the proceedings with prayer could not invoke the name of Jesus Christ. In his conclusion, Hamilton wrote: ``If the Speaker chooses to continue any form of legislative prayer, he shall advise persons offering such a prayer (a) that it must be nonsectarian and must not be used to proselytize or advance any one faith or belief or to disparage any other faith or belief, and (b) that they should refrain from using Christ's name or title or any other denominational appeal.'' Further, ruling on a postjudgment motion, Hamilton stated that invoking the name of ``Allah'' would not advance a particular religion or disparage another. So, praying to Allah would be perfectly acceptable.

I imagine we will hear this claim---that Hamilton banned references to Jesus but endorsed references to "Allah"---a lot in the future, so let me take a moment to explain why Inhofe doesn't know what he's talking about.

In Marsh v. Chambers, the Supreme Court held that legislatures can open their session with a non-sectarian prayer, and that such a prayer could invoke "God." Marsh, however, also established that such prayers must be entirely non-sectarian, emphasizing that the prayer in that case was permissible because it was not used "to proselytize or advance any one, or to disparage any other, faith or belief." So non-sectarian statements of reverence to God are kosher, but prayers that offer a uniquely Christian or Jewish or Muslim or Wiccan view are forbidden. This is the Supreme Court's rule, and if Jim Inhofe has a problem with it than his beef is with the Justices, not with David Hamiltion.

Hinrichs v. Bosmah, the case that Inhofe cites in attacking Judge Hamilton, was a suit challenging the Indiana House's practice of routinely bringing in Christian clergy who would offer Christian prayers before the session began, often invoking the name "Jesus." Because a lower court judge like Judge Hamilton must follow Supreme Court precedents, Hamilton followed the Supreme Court's decision in Marsh, and held that the Indiana House must stop opening its sessions with sectarian prayers.

In a post-judgment motion, the Speaker of the Indiana House posed the question of whether or not he could begin the legislative session with a prayer that used the word "Allah," Hamilton responded as follows:

The Speaker has also asked whether, for example, a Muslim imam may offer a prayer addressed to "Allah." The Arabic word "Allah" is used for "God" in Arabic translations of Jewish and Christian scriptures. If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language's terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others. If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.

In other words, Hamilton held that, because the Supreme Court held in Marsh that it is ok for a prayer to invoke the word "God," it is also ok for a legislative prayer to use the Arabic or Spanish or Greek word for God. Hamilton explicitly did not say that an Islamic prayer could be offered at the opening of a legislative session. To the contrary, he explicitly warned that if a legislative prayer "ever seem[s] to be advancing Islam" than the courts will treat that "problem" accordingly.

Judge Hamilton is nothing like the right-wing judges Inhofe got used to supporting in the Bush years. Unlike George Bush's judges, David Hamilton does not believe that corporations should have sweeping immunity from the law, and I suspect that this is the real reason why many conservatives are lining up against him. Conservatives know that they cannot win the case against Hamilton on the merits, so they make up stories about how Judge Hamilton is a secret Muslim.

Fortunately, Senator Lugar's support of Hamilton all but ensures that Hamilton will be confirmed once Senator-elect Franken arrives to cast the 60th vote for cloture. Even so, the fact that conservatives are planning to filibuster President Obama's very first nominee---especially a nominee as distinguished and well-qualified as David Hamilton---suggests that we can expect scorched-earth opposition to virtually all of Obama's nominees moving forward.

Disclaimer: The views expressed in this piece are the author's own, and should not be understood as representative of any organization he may be affiliated with.

(crossposted at Overruled)

 

Comments

[mkwrk2]

A non-BRIT, I feel myself uncomfortable with this discussion:
1. Should even in a predominantly Christian secular multi-nation country Christ the Saviour be prayed at the state official arrangements? – No, it is not as the Americans, the citizens of A Land of Free are themselves and represented by believers of different religions, agnostics and even atheists sometimes
2. Should foreign languages be used to conduct the state official arrangements in a country of English the State language? –No, it is not if no foreign dignitaries were summoned and appropriate diplomatic protocol was followed.

A case Hinrichs v. Bosmah is, as a modest observer could understand, about a clause1 mentioned above and a right decision can’t be underestimated even for pure political reasons.

Michael Kerjman

[elmerfude]

Oh the horror.

[OkieMon]

in general oklahomans don't like this guy...he keeps getting elected by collecting large amounts of out of state campaing cash from right-wing groups and then runs smear ads against his opponents to brainwash the surface thinkers..­..

[GardenerNorCal]

These very hysterical arguments just point out to me the need to do away with prayers in govvernment. Let these bodies pray individually as they wish before they convene that way no one's rights are infringed.


Article VI section 3 (US Constitution)
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Even Muslims in this country have rights contrary to what the republican right thinks.

[Siobhan11]

Oh No!! Another Secret Muslim. They are taking over everything.

It was huge news when John F. Kennedy, a Catholic, was elected President. We still haven't had a Jewish president. And now we have the worry of secret Muslims.

We haven't had a Catholic president since, so I doubt these secret Muslims are much of a threat.

[barackobama4prez]

i'm soooo sick of this "secret muslim" smear.

[exhale09]

I'm so sick of Right-wing Republicans and Fundalmentalists.

[TomInJax]

We Americans really are an absurd bunch. Look at the facts.

This country was founded because the Puritans wanted religious freedom.

In the years between colonization and Independence, people were persecuted, hanged, and burned (you naysayers need to look up your history) for practicing witchcraft - another religion.

At Independence our forefathers really tried to make sure that: a) we have the freedom to choose whatever religion we want, and b) that there was a definite seperation of power between church and state.

Because Christianity was the religion of our founders, it has remained the dominant religion in this country and thanks to the zealous right wing Christians, it has slowly but surely been creeping into our government. References to an all powerful being are one thing. And. no matter what you call your monotheistic god, in whatever language or religion, it still references the same religious imagery. But to reference Jesus, or Mohamed, or any specific religious icon, firmly goes against what our founders intended when they wrote the constitution.

How can you claim to be a representative of the people if you let your own religion so cloud your thinking that you forget the constitution says it's OK to be a follower of Mohamed, or even a toilet if you so choose.

[italianspaniard]

most of the people that wrote the condtitutuin belonged to a cult,were not christian. The belonged to the FREE MASONS, therefore, they didn't use the name, GOD, but instead, the creator.Lo­ok at the dollar bill

[ChicagoBob]

!
How do these people get elected?

Forget the religious angle. It's about upholding the constitution and Inhofe seems to be failing pretty badly on that.
!

[furion4865]

Laws don't mean anything if you don't have judges to enforce them, and right now, we have a federal judiciary that is over 65% Republican­-nominated and they don't enforce any laws that were enacted to help an individual vindicate their rights, everything the federal judiciary does now is geared towards assisting corporations keep their profits, while acting irresponsibly without legal consequences. The only reason Norm Coleman is delaying Al Franken's seating in the US Senate is so the Republicans can continue to filibuster and hold up Obama's agenda and his judicial nominations. This past election for me was all about federal judges, and hopefully, Obama will put the days of nominating ideologues like Clarence Thomas, John Roberts and Samuel Alito behind us and actually nominate neutral arbiters of the law. The Republicans know their ideals are dead and the only way to preserve absolute WASP male domination in this country is by corrupting the judiciary. All the civil rights legislation, equal pay legislation, equal opportunity legislation, equal housing, etc, don't mean a damned thing, if you have judges that use their legal "gifts" to create legal fictions to avoid enforcing laws that are there to protect people. The Supreme Court's actions in Gore v. Bush is a textbook example of how the good ol' boys use the federal judiciary to maintain their stranglehold on power and the self-actualization of the rest of us.

[exhale09]

Just remember folks...we have another election in 2010. We have more house keeping to do.
Pick your target Republican and donate your butts off to his opponant.

[joeyfoto]

Senator Inhofe's remarks are not merely bigoted, they are illiterate. His insistence, upon advancing his primitive version of the Christian religion as the national standard for anything American, is remarkably incompetent. The man who called global warming: "the second largest hoax ever played on the American people, after the separation of church and state." is simply not intellectually qualified to hold that opinion. Coming from Oklahoma Senator James Inhofe, global warming denier and opponent of all alternatives to fossil fuels, that is an absurd assertion.

As a big fan of torture, oil, social-repression and environmental degradation James inhofe deserves to sit on the smallest and most impotent back-bench of the United States Senate, from which we can hear him squeak objections to the 21st century.

This man is a US Senator, shouldn't there be an IQ test for that exalted position?

[MWChris]

No, because the position is not exalted...­.

[nomoneynoworries]

He is probably right that the judge is a muslim,from Wiki
Arab Christians today use terms such as Allāh al-ʼAb ( الله الأب, "God the Father") to distinguish their usage from Muslim usage.[6]
End
Whether that matters or not I don't know(if he is a muslim).I was interested that the judge stated
If and when
the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.
End
Why the need to mention that?Is he recognising that Islam allah is different to christian allah al ab?I wondered about the if and when too.

[cered]

Did you read the article?

"He is probably right that the judge is a muslim" - what in this article ever gives evidence of this statement? Oh wait you live in a delusion where facts are magically given to you by higher powers.

"Why the need to mention that" - Oh probably BECAUSE HE WAS ASKED TO!

[1differentdrummer]

What state are you from? Oh yes, delusion.

Now, let's say someone is a Musim, would that disqualify them from being a judge? No. Of course he appears not to be, but our primatives will hold him so just to be obstructive.

[italianspaniard]

amen means GOD in egiptian

[WowJones]

If I were a Southern white politician, I would be particularly careful about falling into the old provincial prejudices.

[Bowingobama1]

Islam wouldn't be bad at all. Now instead of one wife we could have many. Get sharia law and were in business.

[lynnn]

ANy theocracy is bad, you would know that if you knew history.

[italianspaniard]

are you insane? imagine four or five women "at time of the month". Give just give me one good compatible woman and I an set for life

[italianspaniard]

but JESUS said marriage is between ONE MAN AND WOMAN, NOT TWO OR......

[seachild]

what's wrong with being a MUSLIM?...

Jesus!

[lynnn]

Muslim Jesus would be a great rock band name.

[italianspaniard]

they circumsize their women at age 12, women are subservient to the men, can't drve, can't go out alone, they have to wear a veil, I could go on.

[Hopeington]

Ok, all I want to know is, what in God's name would be wrong if he was a Muslim???
I understand, of course, that he is not a Muslim and that this is just another obstructionist tactic, but I sure do hope that they seat Franken before too long. We need Judge Hamilton in there doing his job!

[italianspaniard]

but as long as you are white and a spy for israel, that's OK.