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September 05, 1986 - Image 43

Resource type:
Text
Publication:
The Detroit Jewish News, 1986-09-05

Disclaimer: Computer generated plain text may have errors. Read more about this.

FOCUS

`Creation'

Continued from Page 41

sidy and three CSLDF at-
torneys as special assistant
attorneys general, Louisiana
went back to court. Bird's
original dismissed case was
appealed to a three-judge
panel in the Fifth Circuit
Court of Appeals, but it
upheld the lower ruling. A
petition WE.; ;ihen presented
to the full 17, judges of the
Fifth Circuit, and that too
was rejected — but by only
eight to seven.
As expected, Bird then ap-
pealed to the Supreme Court.
Constitutional protectionists,
including several major
Jewish organizations that
filed amicus briefs, expected
Louisiana's petition to be
summarily denied, explains
Stern of the American Jewish
Congress. But on May 5, the
Supreme Court surprised

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HELEN KERWIN

Creationists see
hope in the
Supreme Court
decision to hear
the case.

observers by agreeing to hear
arguments on Louisiana's
case — the first time it has
agreed to hear such a case in
years. The court will not be
deciding the merits of the
Louisiana law, only if it
deserves a trial.
The Supreme Court deci-
sion to hear arguments has
heartened creationists
because "if they sent us back
to the Fifth Circuit with in-
structions to grant us a trial,
we have a strong chance," ex-
plained a source in Bird's
team. "Remember, the Ap-
peals Court only rejected our
petition by eight judges to
seven. Our seven judges are
holding. But, one of the eight
(who ruling against) is no
longer on the bench. His
replacement is a Reagan ap-
pointee," the Bird source con-
tinued. "And you know the
Reagan record on the issue.
Since March, two new Reagan
judges have been appointed,
expanding the court to I 7. So
we have reason the Fifth
would now be sympathetic to
us."
Regardless of what the
Supreme Court decides this
fall, and what the Fifth Cir-
cuit Court of Appeals might
rule, Louisiana's creationism
case is destined for years of
additional litigation. At the
current rate, millions of addi-
tional dollars in legal ex-
penses and fees for the State
of Louisiana will be required.
The total never has been
divulged, but it is reliably
reported that creationist at-
torneys Wendell Bird, A.
Moran Brian and Thomas T.
Anderson have generated in
excess of $750,000 in legal
fees and approximately
$300,000 in expenses on
behalf of the state so far. E]





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