NOTICE — seeking public interest firms interested in appealing.  Please see link at end for overview of issues via briefing and oral argument recordings.

The Honorable Richard Cudahy authored the opinion for the panel on February 2, Groundhog Day, refusing to apply the generous exemptions to the Rooker-Feldman doctrine that the Seventh Circuit had trail blazed for more than two decades.  The message sent to the Indiana Supreme Court was “do what thou wilt” to bar applicants who are politically incorrect and refusing to bow to the political orthodoxy (and even religious orthodoxy) demanded by the government.

Decision linked here.

The precedent cases ignored in the Seventh Circuit’s opinion (not even mentioned, in fact) are found in the reply brief.  See especially the line of cases flowing out of Nesses v. Shepard , 68 F.3d 1003 (7thCir.1995)

Now, I do not want to be open to the further criticism of being Newt-like, and so ….

Congratulations to Indiana Attorney General Greg Zoeller (acting through Deputy Attorney General Francis Barrow) for winning one for Judges and Lawyers Assistance Program (JLAP), government attorney and JLAP director Terry Harrell, and JLAP social worker Tim Sudrovech   in Brown v. Bowman.

Honorable mention goes to Stephen Brandenburg and Sharon Stanzione for their legal work on behalf of the government’s chosen psychologist (read O’Brien you 1984 fans) Stephen Ross.  Also to be mentioned, Andrew Palmison and Mark Baeverstad for their legal work on behalf of a JLAP insider, the psychiatrist Elizabeth Bowman (history buffs read Thomas de Torquemada).

As the Seventh Circuit’s decision documents, I came up against a shadow system in the Indiana bar seemingly designed to rid that august body of its unwanted.  I was, in a word, aborted — my attempt at adding an Indiana license to my Kansas license cut to shreds — along with my reputation and my career at law.  (I had been Deputy Attorney General myself for four years under the much hated Phil Kline, likely one the many reasons I was marked for a forced law license abortion — alongside my six years as a constitutional litigator for the Left’s enemy, the American Family Association and my graduation from the much-hated Regent University and my former work — in the late 1980′s and early 1990′s, as an Operation Rescue operative.)

And then there is the ArchAngel Institute.  Unwanted?  More like marked for termination.

As my reply brief depicts in bold headings, I was therefore thrown into a lions’ den designed to consume, among others, the politically incorrect.  I may have been the first such Christian victim —  I assure you that I will not be the last if this coliseum is not closed down.  (Anyone thrown to Sudrovech, Harrell, Ross or Bowman would do well to contact me immediately for advice — your law license or judicial position is in a precarious situation.)

The Judges and Lawyers Assistance Program ostensibly serves impaired attorneys — I was impaired by my Christian worldview that had showed itself in an adulthood dedicated to Christian activism.  And so off to The Party I was sent for an unsuccessful mind-scrubbing:

“The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. ***  Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.”

George Orwell, 1984

http://www.theindianalawyer.com/man-loses-challenge-to-denial-of-admission-to-indiana-bar/PARAMS/article/28075

There will be no loyalty, except loyalty towards the Party. There will be no love, except the love of Big Brother. There will be no laughter, except the laugh of triumph over a defeated enemy. There will be no art, no literature, no science. When we are omnipotent there will be no need of science. There will be no distinction between beauty and ugliness. There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always—do not forget this Winston—always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face—forever.”

George Orwell, 1984

Appellate briefing here:  http://www.archangelinstitute.org/category/archangels/michael-archangels/brown-v-bowman/

by TZ

I forget the details but a few years ago a state passed a law declaring that π (PI), the ratio between the diameter and circumference of a circle was exactly 3.14 to make calculations easier.  I think it was a joke, but it illustrates that law can’t change fundamental reality, only contradict it.  3.14 is a rational number according to mathematics.  Of course π is a transcendental number, an “irrational number”, and although the law always should strive to be rational it ought not try to do so in this sense.

The intractable problem with man creating law is that he is fallible, and we need courts and wise judges to resolve the contradictions and ambiguities. There are some statutes that says “you can’t” and “you must” in nearby text.  This is normal and isn’t merely a problem with the fall, but with our finite minds.  A worse problem is that power corrupts man, producing some very rational, consistent, clear, but evil laws.

Were we in Wonderland, the Queen would simply add this contradiction to one of the six impossible things before breakfast and declare both valid at the same time.

In this real world, are we to accept irrationality, insanity, to be a feature of Man’s law? What if some contractor only delivered 3.14 times the diameter of a planned circular swimming pool? Or if the law said 2+2=5?

What Catholics mean by “God’s Law” can be two things.  (more…)

by TZ

“A good parson once said that where mystery begins, religion ends. Cannot I say, as truly at least,
of human laws, that where mystery begins, justice ends?”  – Edmund Burke

I speak as an informed Roman Catholic, and in the tradition of the churches that have a tradition of using philosophy and reason to illuminate theology, man and society, and the natural world. The doctors of the church were both spiritual and practical.  Augustine and Aquinas were both very earthly and heavenly.

Those who hold to the sola scriptura and sola fides vary in how much philosophical ability they bring when resolving the words of scripture.  Some, especially who have learned philosophy believe in natural law much as I described above.  Some are learned but relativist, not holding to any foundational standard of law as derived from reason.  Many if not most do not hold to the concept of the natural law, and of those, many support the mixing of biblical laws falling into the “get into heaven” portion of God’s laws (sacrilege, words like abomination), with those for civil society (words like detestable) and see no distinction or separation as they are both in the Bible.  Not going to church on Sunday may be a sin but they will take every sin and make it a crime.   Note this is something the right and left have in common when they abandon natural law which makes fine distinctions.  Smoking is evil so both move to make it a crime.  Neither accept shame as an appropriate response, either things are required to be both crimes and sins or neither.  Many on the left aren’t otherwise religious but their list of “sins” is often longer and their zeal for punishing greater than any fundamentalist.  Both often make discoveries of new sins and go on crusades. (more…)

by TZ

This is from “A Man for All Seasons”, but it is the central point:

Roper: So, now you give the Devil the benefit of law!
More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I’d cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

In the previous post I noted Martin Luther King Jr. was a big proponent of the natural law because that is the only way law can protect the weak.  If law becomes merely “Man’s Law”, it will become the law as defined by the rich and powerful, and as the Occupy movement is protesting, the 1% will not hold themselves to account, but find every petty violation they can think of to oppress those that aren’t part of the oligarchy. The petty violations make them “convicts” with an arrest record.  William K Black (author of “The Best Way to Rob a Bank is to Own One) has pointed to blatant fraud, Karl Denninger (author of “Leverage”). Both constantly ask “Where are the Handcuffs?” for those who looted the system in the big banks and wall street

It is even worse than that. (more…)

By TZ (building off of http://www.archangelinstitute.org/saint-thomas-more-and-civil-rights-part-i/ )

I have little in common with the gay community, except that they are human beings with human rights. I would not stand shoulder to shoulder with someone who wishes to do lewd acts in public. But I must stand shoulder to shoulder with anyone defending their human rights. Under the natural law. God’s law.  My Christian friends might object: “But it is a grave sin”.  My response comes from the scene just earlier in “A Man for All Seasons” which was the reason for the original quote and this was not about some third party but the man that would ultimately betray him and be responsible for being found guilty and his execution:

Margaret: Father, that man’s bad.
Sir Thomas: There’s no law against that.
Roper: There is: God’s law.
Sir Thomas: Then God can arrest him.

Such things are a matter for the confessional, not the constable.  What they do in private that doesn’t cause public disruption is none of the state’s business as their home is their castle.  Even civil disobedience and the disruption is often because people aren’t being left alone except when the defense by the law and authorities ought to be protecting them.

Almost. A man’s home is his castle in 49 states and where the Magna Carta  still prevails.  The exception in (more…)

The note that follows is from Cheri Berris, executive director of Hearts Helping the Homeless.  Cheri recently joined the Board of Directors of the ArchAngel Institute, forming a partnership between HHH and AI’s ArchAngel Raphael Division toward the goal of getting necessary items to the local homeless.  We have designated a room in the Institute with 24 hour, 7 day a week access for select volunteers who are meeting the needs of the most needy on the cold streets of Fort Wayne.   Coats, sleeping bags, shoes, McDonald gift cards, hats, gloves, drinks, canned foods, hand warmers — the room is filling up with such necessities and then being emptied as Saints on the Streets, HHH and other ministries distribute the items to the area homeless and impoverished.

Please consider Cheri’s plea below ….

I’m looking for help for the homeless.  Jeans in men’s size 30 on up.  Coats, hats, gloves, scarves, sleeping bags, back packs, blankets, and travel size hygiene products.  They carry everything they own with them. 

Some have used up their allotted time at the rescue mission and have little to nothing when they leave.

Please, if you have any questions….ask me.  I would love to engage in a conversation about what is so near and dear to my heart.

ps…any job leads would be appreciated.

God Bless,
Cheri Berris   Hearts Helping the Homeless

Quote:

(TZ Again, a little reminder for even those who know the reason for the season)

As Christmas approaches, there will be the stories told of how Jesus Christ was born. Many will be dramatized, but the one thing everyone ought to do is go back to the source. Matthew and Luke report from two different angles.

Even more, everyone should read the Bible on a daily basis, and there are things for a computer or calendars or even radio programs that make it easy. There are audio versions, and they are maybe my favorite as I can play them on my phone or in the car, though I often need the pause button.

There is a purpose to reading the Bible and you should read it with that purpose in mind. It is for the Holy Spirit to continue and complete the work of restoring the image of God that was damaged by the fall, like a museum curator expert in restoration patching a faded and shredded masterpiece. They aren’t just to change your mind though that is a start, they are to change everything.

I think too many Christians are looking for the intellect in Paul’s arguments, the wonder at apocalyptic imagery, or the action-adventure of the wars of ancient Israel. Those are good for balance, but I would suggest concentrating where the most meat is: the Gospels.

It is the word of the word himself, the only one spoken of the Father before all ages. The spoken words are often in red but his deeds often speak more loudly many important messages. Most people can get past the 10 Commandments without finding any major faults. Try reading The Sermon on the Mount (Matthew 5-7, Luke’s parallel). Few can get through a few paragraphs. The Gospel of John shows Jesus’ divinity from his closest friend – there are stories there not in the other Gospels. Each has something to say to everyone.

Mark Twain once noted it wasn’t the hard passages of the Bible that gave him the most trouble, it was the verses whose meaning was absolutely plain. So I wouldn’t worry about a translation unless you are trying to go deep into Scripture. The Holy Spirit can speak to you through the text, even though Jesus spoke Aramaic, it was transcribed as ancient Greek, then to English. It is better to find the discount table at a Bible store and have something you can easily read in every room than it is to try to find the best translation or get stacks of commentaries and things like Vine’s expository dictionary, or learn Greek and Hebrew. The Word is alive. Sharper than any two edged sword – even translations by dullards. At least if you want it to transform you instead of debating what it might really mean.

Meditating on Scripture will fill your mind and will with the right things. Jesus answered everyone and everything. Consider when asked what must I do? (I’m paraphrasing here:) “Love God with all your heart, mind and strength, and love your neighbor as yourself”. The man replied “Who is my neighbor?” Jesus could have given a dry, technical explanation. Instead he gives the story of “The Good Samaritan”. Note that Samaritans were something like pagans or heretics to Jews. Jesus then asks “who was his neighbor” to make sure his questioner gets the point. You can think about just this story for days or weeks. But then the hard part comes – what Mark Twain was getting at: “Jesus, you mean they are my neighbor and I’m their neighbor?” Daily you will find something that needs God’s grace – you only need the 1% cooperation.

That is why Scripture is both easy and hard, powerful, yet incapable of overcoming a small obstacle when I’m the one holding it in place. But I feel the pull of the Spirit, the fire in the words. At least when the words are not read to add to the noise and cacophony of daily life but to find that particular echo of the single Eternal Word spoken in the Eternal Silence of the Trinity. Properly read, Scripture begets silence and peace after the words settle in and the echoes fade from where they strike your heart.

As we celebrate the Birth of Christ and the events leading up to it, it is a good time to start anew the study of the Gospels – from their beginnings. And work through toward Good Friday and Easter.

I missed a fine resource that the Seventh Circuit Court of Appeals posts on its fine website.

Here is the court’s recording of my oral argument:  oralarg

Heard by the Honorable Judges Michael Kanne, Diane Sykes and Richard Cudahy on October 20, 2011.

We await a decision while praying for nothing but the apolitical application of the laws of this nation.  Please join us in that unadorned prayer for justice.

Why did I argue my own case?

Here is a post answering that question:  http://www.archangelinstitute.org/i-am-exhibit-a-a-defense-of-my-pro-se-status-before-the-united-states-court-of-appeals/

By TZ:  This was originally a comment to an earlier post about the Bishops being worried about what amounts to government persecution. I was asked to make it a guest post so I have revised it.

At the root is the problem that the Bishops have conceded their power to the state.

Examples: A priest is not free to conduct a nuptial mass without a license from the state. So who does or does not define marriage? That is not new. The government has taken over charity in the form of welfare. Instead of drawing the line, the Bishops have long ago decided take the money, then when the strings of the web become visible, complain about the control – do their health care facilities have to provide contraceptives or abortion? Do their social work agencies have to allow homosexuals? Courts have said “public schools” are Government schools, so what should be a matter of subsidiarity is defined by Washington DC, not the local school board. They may have hoped “The Great Society” would be moral and more efficient being large and central, but you find none of those duties in traditional texts about the government role such as Aquinas section on law from the Summa. Or Tocqueville pointing out all the volunteer organizations, neither government nor business, taking care of such needs in early America.

The relatively new lack of separation of church and state is that 100 years ago the (Federal) government was (more…)