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/

http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20120130/EDITORIAL/301309944/1021

Journal Gazette, The (Fort Wayne, IN)Tactics change
mission doesn’t
Abortion foe’s return stirs questions
   Rosa Salter Rodriguez The Journal Gazette
Published: May 27, 2007
In the late 1980s and early 1990s, when abortion-rights opponents demonstrated in front of a center-city abortion clinic, a bespectacled young attorney-to-be from New Haven was in their midst. His name: Bryan J. Brown. Often Brown was the one who approached police to reassure them it would be a peaceful protest, says Wendell Brane, a fellow demonstrator who is now pastor of Trinity Evangelical Church in Fort Wayne. “We sort of appointed him the police negotiator. When the police arrived, and they always would, he would tell them what our intentions were, and … how we would behave if they tried to arrest us. We tried to have a smooth association with police,” Brane says. “He was good for that because … Bryan has a very charming personality. He connects well with people and he has a way about him that puts people at ease. He knows how to use humor to defuse a situation,” Brane says. “He’s not going to back down on his convictions, but he’s not going to walk away if threatened with arrest.” Indeed, the protests led to Brown, then affiliated with Northeast Indiana Rescue, being sued, fined and banned by a court from the abortion clinic for a time.

The charges and fines were nullified when, after a lengthy battle, the U.S. Supreme Court ruled federal racketeering statutes could not be applied against people exercising free-speech rights in abortion protests.

{snip}

The property has not been occupied as an abortion clinic since June 2006, when Fort Wayne Women’s Health Organization moved those services to 2210 Inwood Drive. An entity called the Donegal Corridor, with which Brown is affiliated, has a one-year-option to buy the property, {snip} Brown says his new endeavor, the ArchAngel Institute, is an extension of his religious convictions and career. It also signals a turn in tactics within the movement, he says. Recent federal laws carry high penalties for interfering with access to abortion clinics, he says. So those who oppose abortion on moral grounds are turning their attention elsewhere – to changing people’s attitudes and defending those who challenge society’s acceptance of abortion, from protesters to pharmacists who refuse to fill prescriptions for abortion-inducing drugs on religious grounds. “I, and people who are aligned with me, think that what the nation needs at present is more than a political change but a cultural change,” he says. “Policies and politics will follow.”

{snip}

Brown says the role of his new center downtown will be “commemoration, communication and litigation” in support of pro-family issues. The building was blessed a week ago, and he says he will raise additional money for its purchase. He declined to name his financial backers. Brown says he plans a memorial to the aborted and is seeking input from supporters for additional uses of the building. Brown also has invited the public to tour the former clinic beginning at 2 p.m. today and Sundays in June and says abortions were performed there in less-than-ideal conditions. He says the interior was dirty and parts of the building were in disrepair when he entered it. Calls seeking comment from the Fort Wayne Women’s Health Organization, which had moved out of the building nearly a year before, were not immediately returned. Brown says he sees one battle looming as crisis pregnancy centers – founded and run by abortion-rights opponents – face deception and fraud charges filed by state attorneys general, based on consumer protection law. “I believe I’m uniquely qualified to defend them, given six years in the state of Kansas attorney general’s and 25 years in the movement,” he says. Vicki Saporta, head of the National Abortion Federation, says she knows of no such action in Indiana. She says the federation compiled a report on alleged misrepresentations at centers about two years ago and a bill was reintroduced in Congress last week to give the Federal Trade Commission the authority to proceed against such centers on those grounds.

{snip}

But Brane welcomes Brown, saying it can be difficult to find specialized legal representation. He said Brown’s motivation and drive come “from his faith in Christ.” “He is not a reckless person. … People like him who have a strong pro-life ethic are going to have a strong belief that everybody is made in the image of God, including the unborn child, … and that if we believe abortion is murder, then we have to act like it’s murder. “I can’t imagine anyone in the pro-life movement who wouldn’t be excited at having him back.”

News-Sentinel, The (Fort Wayne, IN)

Former abortion clinic now a house for pro-life causes
Ceremonies were held to rededicate 827 Webster St.
   K.E. Casey, kcasey@news-sentinel.com
Published: May 21, 2007
Outside a former abortion clinic at 827 Webster St. on Saturday morning, about 30 people waited for ceremonies to rededicate the building for pro-life causes. Pastor Wendell Brane of Trinity Evangelical Church stepped onto the sidewalk and motioned his arm at the ground. “There’s an injunction here,” he announced. “You guys are going to have to move.” He smiled, and the crowd laughed. “It’s my injunction now,” responded Bryan Brown, walking up to greet him. In 1990, U.S. District Judge William Lee issued an injunction that kept pro-life demonstrators from moving closer than 25 feet to the clinic, according to News-Sentinel archives. The address had been a battleground for pro-life and pro-choice causes in the late 1980s into the 1990s. Brane and Brown led demonstrations and civil disobedience there. The News-Sentinel reported last week that Brown and his group, the Donegal Corridor, purchased the building and plan to convert it for pro-life causes. Brown coordinated the Saturday morning inter-faith ceremonies, which included an Orthodox exorcism, a Catholic blessing and an evangelical dedication of the site where about 700 abortions were performed each year between 1978 and 2006. Saturday’s group was different from a May morning on Webster Street in 1992, when more than 50 city and county police officers separated a crowd of more than 250 pro-life demonstrators on one side of the street from pro-choice advocates on the other, according to News-Sentinel archives. During ceremony preparations, Father David Meinzen of St. Nicholas Orthodox Church of Crescent Avenue said the rite of exorcism has been exaggerated in popular culture. In the Orthodox Church, exorcisms don’t always assume demonic possession. He said the rite can be performed as protection against further attacks from evil and “wherever we believe evil has been working.” Four Knights of Columbus members stood behind Meinzen and Deacon Mike Myers also of St. Nicholas, as they intoned the Orthodox rite. Incense filled the cool morning air, and when Meinzen began to recite the Lord’s Prayer, it spread to the crowd, and the voices competed with the drone of cars on Washington and Jefferson boulevards. Meinzen made a crossing motion with a scepter of holy water before leading the procession through the building. Inside the house, the voices of Meinzen and Myers continued the ritual. Outside, a bagpiper played “Amazing Grace.” Pro-life activist Frank Avilla and Brane spoke to the crowd. Brane lauded the day’s success, but said the “horrid stench” of abortion “still rises” in the city. Outside, a few people stopped to watch the ceremonies. “Instead of going forward in life, we’re going backward,” said Brenda Wilson, who disapproved of the ceremonies. “They’re not offering jobs or financial support” for women considering whether to continue a pregnancy, she said. After the ceremonies, organizers opened the building to the public as a second bagpiper played outside. Inside the building, a long table pushed against the wall was covered in newspaper clippings describing protests at the site.
Illustration: PHOTO (2)
Caption:Pastor Wendell Brane of Trinity Evangelical Church speaks to the assembled crowd during a ceremony at the former abortion clinic at 827 Webster St. He is flanked by the Knights of Columbus. During the ceremonies, two bagpipers played “Amazing Grace.” Photo By K.E. Casey of The News-Sentinel Longtime pro-life activist and former Fort Wayne resident Father George Gabet of the Priestly Fraternity of St. Peter speaks to the assembled crowd after blessing the former abortion clinic at 827 Webster St.

Copyright (c) 2007 The News-Sentinel