Wednesday, February 07, 2007

Court Refuses Delay In Challenge To Faith-Based Prison Program

In Moeller v. Bradford County, 2007 U.S. Dist. LEXIS 7965 (MD PA, Feb. 5, 2007), a Pennsylvania federal magistrate judge rejected defendant's motion to stay proceedings in a case challenging the constitutionality of federal, state and local funding of a faith-based vocational training program in the Bradford County (PA) Correctional Facility. (See prior posting.) Defendant had argued that the case should not move ahead until the U.S. Supreme Court hands down its decision in the pending case of Hein v. Freedom From Religion Foundation. (See prior posting.) The court wrote: "It is speculative as to if any decision issued by the Supreme Court in Hein would in fact affect our case and the standing decision this Court has rendered, and it is speculative as to when the Supreme Court will issue its decision."