Skip to comments.House Scolds Court on Sex Survey Suit Toss
Posted on 11/16/2005 3:28:23 PM PST by SmithL
WASHINGTON -- The House voted Wednesday to scold a San Francisco-based federal appeals court for dismissing a lawsuit by parents outraged that a school district surveyed their young children about sex.
Over objections from some Democrats who complained Republicans were seeking the kind of judicial activism the GOP normally denounces, lawmakers voted 320 to 91 for a resolution that said the decision by the 9th U.S. Circuit Court of Appeals "deplorably infringed on parental rights."
The resolution says the 9th Circuit should rehear Fields v. Palmdale School District. The unanimous ruling by a three-judge panel earlier this month said that "parents are possessed of no constitutional right to prevent the public schools from providing information" on sex to students.
"What we are speaking to here is a case in which a court, I believe, far overreached the issues involved in a case and declared parenting unconstitutional," said Rep. Tim Murphy, R-Pa., who offered the resolution.
(Excerpt) Read more at sfgate.com ...
I wrote my rep and senator about this...I'd like to think that helped this measure along.
Time to Impeach the ENTIRE 9th Cicus Court?!
Not enough to break it up. Reduce the territory of the Ninth Circuit to San Francisco. Then appoint new judges for the rest of the territory.
Are they the UN?
If on the other hand they voted to remove these three judges from the bench for their flagrent decision against parental rights that would be something.
This is a lot of symbolic nothing of house members distencing themselves from something that has conservatives and MODERATES seeing red.
A resolution means NOTHING!!! Especially coming from this spineless congress.
If we don't reign in our court system, this country is finished within 20 years.
"Over objections from some Democrats"
They are just disgusting. They see this as judicial activism but certainly don't see that in Roe v. Wade. The party of oblivion.
"Time to Impeach the ENTIRE 9th Cicus Court?!"
There is one guy on that court I like. I can't remember his name, it's Alex something.
9th Circus Bump.
IMHO, if any judge or panel of judges is overturned three times in a row they should be investigated for judicial misconduct, and if found to be morons, impeached.
91 congress-creatures saw nothing wrong with this questionnaire or the Court's finding.
pingitout tomorrow. Good news for a change.
House Urges Ninth Circuit to Rehear Sex Survey Case
By Nathan Burchfiel
November 16, 2005
(CNSNews.com) - The House of Representatives on Wednesday adopted a resolution that urges the Ninth U.S. Circuit Court of Appeals to rehear the case of Fields vs. Palmdale School District.
The resolution passed by a vote of 320-to-91. Twenty-two representatives did not cast votes, including House Minority Leader Nancy Pelosi (D-Calif.).
The resolution urges, but does not require, the Ninth Circuit to rehear the case "en banc," meaning that all judges in the circuit would participate in the ruling.
In the original decision, three of the court's 47 judges presided over the case.
Parents sued California's Palmdale school district over a survey given to first, third and fifth graders that asked sexually explicit questions. In a controversial decision, the Ninth Circuit panel ruled that "... there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children."
The adopted resolution states that "the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions." It also says the court ruling "undermines the fundamental right of parents to direct the upbringing of their children."
The bill's sponsor, Rep. Tim Murphy (R-Pa.), praised the House's action in a press release. "I believe the Court's decision overreached the issues in the case, overreached in its conclusions, and needs to be overturned," he said. "On behalf of every parent in America, Congress calls upon the courts to correct this deplorable injustice."
Murphy has also expressed his support for several bills in the House and Senate that would split the Ninth Circuit into two or more courts. The circuit has angered many Americans, especially conservatives, with decisions like the sex survey case and its decision that found the Pledge of Allegiance unconstitutional.
The Ninth Circuit could also hear a case against the motto "in God we Trust" that is found on United States currency, which is being brought by Michael Newdow, the atheist who led the challenges against the Pledge.
I think post 91 has a little more on what OldFriend said about the 91 representatives.