Supreme Court to Muslim inmate: Get over it
A victory for common sense, although regrettably not a unanimous one. From the AP:
The Supreme Court said Tuesday that a Muslim inmate cannot sue the government over the disappearance of the prisoner’s copies of the Quran and a prayer rug.
In a 5-4 ruling, the justices said the federal law the inmate relied on prohibits lawsuits against federal corrections officers.
Abdus-Shahid M.S. Ali says the missing books and rug reflect widespread harassment against Muslim inmates in federal, state and local prisons stemming from the Sept. 11 terrorist attacks.
“Reports from all over the country have come in” on Muslims’ religious property that “has been destroyed, confiscated, looted, lost, stolen or taken without cause,” Ali said in the lawsuit he filed in federal court.
Ali is serving a sentence of 20 years to life in prison for committing first-degree murder in the District of Columbia.
Well bless his little murderous heart! Those mean ol’ criminals took his Koran! Just what is our criminal justice system coming to when they let thieves into prison? Anywho, the sob story continues:
The issue in the case was whether federal prison guards are immune from suit under the Federal Tort Claims Act.
The law blocks lawsuits against the government over goods detained by customs and excise officers or “any other law enforcement officer.” Two lower federal courts said Ali cannot sue because prison officials are law enforcement officers.
Justice Clarence Thomas, writing for a majority that cut across ideological grounds, agreed with the lower courts. The law “forecloses lawsuits against the United States for the unlawful detention of property by ‘any,’ not just ‘some,’ law enforcement officers,” Thomas said.
Tuesday’s ruling was the first 5-4 split of the term, following a term in which the margin in 24 cases was a single vote.
Chief Justice John Roberts and Justices Samuel Alito, Ruth Bader Ginsburg and Antonin Scalia joined Thomas. The dissenters were Justices Stephen Breyer, Anthony Kennedy, David Souter and John Paul Stevens.
Oh my Allah! The incredibly rare display of common sense by Race Baiter Ginsburg notwithstanding, the leftists (and yes, that includes Justice Kennedy) on the Supreme Court just can’t get a damned thing right, can they?
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I am surprised that Ginsburg was on the right side of this issue. Kennedy, usually the swing vote was on the left side on this one.
Just one more reason we need another (or maybe two) conservative justices on the court. Not gonna get that with a Dem or RINO in the White House.
Comment by Lee | January 23, 2008
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