Monday, April 16, 2012

Late Motion To Intervene In School Prayer Mural Case Is Frivolous

In January, a Rhode Island federal district court ordered Cranston West High School to remove a prayer mural that had hung for many years in the school auditorium. (See prior posting.) The school complied, the Cranston School Committee decided not to appeal the decision, the parties agreed on attorneys' fees and on March 7 the court signed the final judgment in the case. On that same day, a group of seven individuals moved to intervene in the case, asking the court to stay and reconsider its decision.  In Ahlquist v. City of Cranston, (D RI, April 12, 2012), the court refused, finding the motion to intervene untimely and holding that movants had made no showing they have standing in the matter. The court wrote:
As Alexander Pope, an English poet and essayist, once wrote, "A little learning is a dangerous thing." In essence, Movants argue that, not just this Court's January 2012 ruling, but virtually all Supreme Court rulings on the Establishment Clause dating back to the Supreme Court's [1947] decision in Everson v. Board of Ed. of Ewing Township... have been wrongly decided.... In particular Movants cite "the Aitken act of 1872 authorizing the use of bibles in all schools in America." ....
The Court characterizes this argument as frivolous because Movants concede ... that this Court's decision is in line with a half-century of Supreme Court precedent. This Court is not merely guided, but is bound, by Supreme Court precedent.