Supreme Court Arguments in Review

Dec 6, 2006

Two hours of oral argument concluded on March 2 with the famous words, "The case has been submitted." Now we must wait until later this year when the Supreme Court hands down its rulings in the case that I argued, McCreary County v. ACLU of Kentucky, and the Texas case known as Van Orden v. Perry. A decision is anticipated sometime in June.

I wish to thank all of our friends and supporters who prayed for me, my legal team and this case. Although I was battling the flu even up to the moment I walked into the Courtroom, I had a good rest Tuesday night and was at peace as I stood before the High Court. While it is difficult to predict how the Court will rule merely by comments made at oral argument, it appears that a majority of Justices are not in favor of eliminating all Ten Commandments displays in the country. You probably have read about comments made by Justice Kennedy, expressing a concern that removing religious items such as the Ten Commandments from public property shows a hostility toward religion. The Ten Commandments have become a universally recognized symbol of law. Yes, the Decalogue is a religious document. At the same time, the Commandments have clearly influenced our law and government, our notions of right and wrong, and even our common vernacular. Of all places, it's perfectly appropriate to display the Ten Commandments in a courthouse.

Members of the public cannot get into the chambers where I presented oral arguments last week without seeing the Ten Commandments. They are engraved on the double doors at the main entrance to the Court chambers. The Commandments are also engraved on the bronze gates that lead to the exits from both side entrances. In fact, the Commandments appear forty-two times on the bronze gates. Inside the Courtroom, the only inscription out of all the figures on the friezes is Moses with the tablets of stone engraved in Hebrew. Moses with the Ten Commandments also occupies the central position in the East Pediment on the outside of the Court's architecture, and on the inside of the Court leading from the main steps to the Courtroom, the frieze repeats several figures, one of which is a profile of Moses. He is identified as "Moses," and is looking at two tablets of stone. The reason the Commandments are so prevalent in the Supreme Court is because they have influenced the development of American law and government and our notions of right and wrong.

It was an awesome experience to appear before the United States Supreme Court on this most important issue. Your notes of encouragement and prayer have been uplifting and sustaining through this grueling process. We are thankful that the Lord has seen fit to put us in this strategic role. There are so many people I wish to thank, but I don't want to leave out anyone. I do want to especially recognize the hospitality and the work on the moot courts provided by Jay Sekulow, Frank Manion and the staff of the American Center for Law and Justice, Kelly Shackelford of Liberty Legal Institute, and The Heritage Foundation.

Please continue to pray for this case as the Justices work on the final opinion. We are still in a very critical stage between now and the release of the opinion. We have posted a few pictures on our website. Later this week we will post more.

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