Kansas: Christian Woman Ordered by Cops to Stop Praying in Her Home Loses in Court

(THIS ARTICLE IS COURTESY OF THE CHRISTIAN POST)

Christian Woman Ordered by Cops to Stop Praying in Her Home Loses in Court

Jun 23, 2017 | 7:31 AM

(Photo: First Liberty Institute)Mary Anne Sause

The United States Tenth Circuit Court of Appeals has ruled against a Kansas Catholic woman who claims that she was ordered by police to stop praying in her own home.

On Tuesday, the three-judge panel voted to uphold a judge’s dismissal of Mary Anne Sause’s lawsuit against two Louisburg officers, who she said demanded to be allowed into her home and wouldn’t tell her why they were there. She alleged that when she began praying, the officers, who were there because of a noise complaint, ordered her to stop.

An opinion written by Judge Nancy Moritz states that the court assumes that “the defendants violated Sause’s rights under the First Amendment” by repeatedly mocking her, ordering her to stop praying “so they could harass her,” insisting that she reveal scars from a double mastectomy and threatening her with arrest.

“But this assumption doesn’t entitle Sause to relief. Instead, Sause must demonstrate that any reasonable officer would have known this behavior violated the First Amendment,” the judge argued, citing the 2011 Supreme Court ruling in Ashcroft v. al–Kidd, which asserts that the former U.S. attorney general could not be personally sued for the jailing of a U.S. citizen after the events of September 11, 2001.

“But while the conduct alleged in this case may be obviously unprofessional, we can’t say that it’s ‘obviously unlawful,'” the judge added. “It certainly wouldn’t be obvious to a reasonable officer that, in the midst of a legitimate investigation, the First Amendment would prohibit him or her from ordering the subject of that investigation to stand up and direct his or her attention to the officer — even if the subject of the investigation is involved in religiously-motivated conduct at the time, and even if what the officers say or do immediately after issuing that command does nothing to further their investigation.”

First Liberty Institute Deputy General Counsel Jeremy Dys, who represents Sause, said in a statement that the court’s “harsh criticism of the officers’ conduct in this case supports our First Amendment claim.”

“No one should face the prospect of being arrested for praying in their own home,” Dys said.

The First Liberty Institute said in a press release that the government defended the police officers by arguing that the Free Exercise Clause of the First Amendment only “protects an individual’s right to choose a religion.” Sause’s attorneys argued that the government’s argument misconstrues the fact that the First Amendment protects the right to exercise faith.

“While Ms. Sause’s appeal was ultimately unsuccessful, the court stated clearly that Sause’s First Amendment rights may have been violated, but the legal doctrine of qualified immunity shields the officers from any liability,” First Liberty Institute stated. “The concurring opinion condemned the police officers’ ‘extraordinary contempt of a law abiding citizen.'”

No indication was given if Sause will file an appeal with the Supreme Court.

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Read more at http://www.christianpost.com/news/christian-woman-ordered-by-cops-to-stop-praying-in-her-home-loses-in-court-189121/#aiPk8TWMXIS5of2o.99

Read more at http://www.christianpost.com/news/christian-woman-ordered-by-cops-to-stop-praying-in-her-home-loses-in-court-189121/#P37YiDwpK47A3usb.99

EXCLUSIVE: Shadowy Iranian Republican Guard General visits Moscow, violating Sanctions

(THIS ARTICLE IS COURTESY OF FOX NEWS AND ‘OUTBRAIN’)

IRAN

EXCLUSIVE: Shadowy Iranian general visits Moscow, violating sanctions

A shadowy Iranian general responsible for the deaths of nearly 500 Americans traveled to Moscow Wednesday to meet with high-ranking Russian officials — a trip that violated multiple United Nations resolutions forbidding him from leaving his country, multiple western intelligence officials with direct knowledge of the visit told Fox News.

RUSSIAN SPY SHIP SPOTTED CLOSER TO USA, NEAR NAVY SUBMARINE BASE

Iranian Quds Force commander Qassem Soleimani arrived in Terminal A of Vnukovo airport outside Moscow on Feb. 14 on Mahan Air WD084 at 12:13 p.m. local time and was scheduled to remain in Russia for a few days for meetings, officials said.

Soleimani is visiting Moscow to express his displeasure with the Russian government over their relationship with Saudi Arabia and other Arab states, mainly regarding weapons deals and strengthening economic ties, sources told Fox News.

MIDEAST PEACE MAY NOT COME FROM TWO-STATE SOLUTION, WHITE HOUSE SAYS

The CIA would not immediately answer a request for comment. A State Department spokesman said he was unaware of the visit.

This is Soleimani’s third trip to Moscow following visits in April and July last year. Soleimani is thought to be the mastermind behind Iran’s proxy war in Syria in order to prop up the Assad regime. Soleimani met with Russian President Vladimir Putin and Russian Defense Minister Sergei Shoigu days after the Iranian nuclear deal was agreed to in Vienna. Iran has been a key ally along with Russia in Syria, working together to shore up support for Syrian President Bashar al-Assad against opposition fighters, some of whom are backed by the United States.

The Quds Force, which Soleimani heads, is the special operations wing of the Iranian Revolutionary Guard, responsible for supporting terrorist proxy forces across the Middle East. Soleimani reports directly to Iranian Supreme Leader Ayatollah Ali Khamenei.

Soleimani was first designated a terrorist and sanctioned by the U.S. in 2005 for his role as a supporter of terrorism. In October 2011, the U.S. Treasury Department tied Soleimani to the failed Iranian plot to assassinate the Saudi ambassador to the United States at a popular restaurant in Washington, D.C.

Testifying before Congress last year, former Secretary of State John Kerry said Soleimani and the Quds Force would continue to face sanctions even after some UN sanctions were lifted on Iran following the landmark nuclear agreement between Iran and six world powers, including the United States.

UN Resolution 1747 prohibits Soleimani to travel, and any country that lets him transit or travel is also defying sanctions. Russia is a permanent member of the UN Security Council and would be a aware of the restrictions against meeting him.

During his confirmation hearing before Congress in 2015, Chairman of the Joint Chiefs of Staff, Marine Gen. Joseph Dunford said many Americans were killed by Iranian-backed forces under the command of Soleimani.

“The number has been recently quoted as about 500. We weren’t always able to attribute the casualties we had to Iranian activity, although many times we suspected it was Iranian activity even though we didn’t necessarily have the forensics to support that,” Dunford told lawmakers.

Former Secretary of State John Kerry said five days after Soleimani’s Moscow visit that he would never receive sanctions relief.

“Under the United States’s initiative, Qassem Soleimani will never be relieved of any sanctions,” Kerry said.

Lucas Tomlinson is the Pentagon and State Department producer for Fox News Channel. You can follow him on Twitter: @LucasFoxNews

Why the Supreme Court special education case about a boy with autism is so sickening

(THIS ARTICLE IS COURTESY OF  THE WASHINGTON POST)

Why the Supreme Court special education case about a boy with autism is so sickening

January 12 at 3:42 PM

There is something sickening about a case the Supreme Court just heard about a boy with autism and what level of public education he — and other students with disabilities — deserve.

Here’s some background: The Individuals with Disabilities Education Act is a federal law requiring public schools to provide children with disabilities a “free appropriate public education.” Students in special education get “individualized education programs, or IEPs, or blueprints that spell out supports and goals for each child. The Supreme Court ruled decades ago that IEPs must lay out plans that provide some educational benefit, but it didn’t set a benefit standard, and lower courts have been divided over what it should be. Some have required a substantial — or “meaningful” educational benefit — while others require only a de minimis — or anywhere above trivial — educational benefit.

Now the Supreme Court — which held a hearing in the case Wednesday — is being asked to decide on a standard, which is essentially the same as deciding whether the United States really cares about providing all students a free and appropriate public education, and whether it is wholly committed to helping families that have children with disabilities.

These are the facts of the court case, which could affect millions of children with disabilities and the public schools they attend:

A boy named Drew was diagnosed with autism at age 2, affecting his cognitive functioning, language and reading skills, and his social and adaptive abilities. From preschool through fourth grade, he received special education services in schools in Colorado’s Douglas County district.

By fourth grade, his parents saw his behavior get increasingly worse. The 10th Circuit Court of Appeals, which got involved in this case, said fourth grade was “especially rocky.”

Drew exhibited multiple behaviors that inhibited his ability to access learning in the classroom. In the past, he has climbed over furniture and other students, hit things, screamed, ran away from school, and twice removed his clothing and gone to the bathroom on the floor of the classroom.

Drew’s parents said that although they saw some progress in Drew, it was minimal, so they pulled him from the public school system and placed him in a private school that used interventions that experts consider effective for many children with autism. Reports about his progress under an intervention called ABA were very positive, with “great” behavioral gains that led to an ability to pay more attention in class, complete math and verbal skills work  and interact with peers and teachers.

Under the federal law called the Individuals With Disabilities Education Act (IDEA), parents can seek tuition reimbursement from the school district and can win if several conditions are met. One of them is that their son wasn’t getting enough “educational benefit” from the public schools. Drew’s parents applied for reimbursement — arguing that the public district had not provided him with a free and appropriate public education. They were denied by the school system. That started a trek through the courts, leading to the Supreme Court, which is reviewing a 2015 decision by the 10th Circuit, which upheld the school system’s decision, using a very low standard for educational progress.

What is enough educational benefit? That’s what the Supreme Court is being asked to consider, and that, when you think about it, is where this case gets ugly.

Remember that we are talking about young people with disabilities — some of them so severe that a child might, for example, have the intellectual capacity of a 6-month-old, or have frequent disruptive seizures  — and their families, some of whom have daily burdens that others can’t begin to imagine.

So is minimal educational benefit enough? You may not know exactly what “minimal” is, buy by definition, you wouldn’t want that to be the standard for your child. Is “some” benefit — which courts have said means progress that is barely above trivial — enough for your child — or somebody else’s? Or do students with disabilities deserve a standard requiring “meaningful” benefit and if so, what does “meaningful” mean? Should the standard be “appropriate”? During the Wednesday hearing, nine different standards were mentioned in the proceedings within a half-hour period.

Should children with any disability be at the mercy of a standard that depends on the federal appellate jurisdiction in which his school district is located?

The Supreme Court justices on Wednesday seemed to be dissatisfied with the 10th Circuit’s ruling that public schools can meet IDEA requirements by providing an education to students with disabilities that is more than trivial, but there was no seeming direction indicated about what standard they do think makes sense.

It is understandable that school districts have a difficult time trying to appropriately implement IDEA, not only because of the nebulous standards but also because it has never been fully funded. According to the New America Foundation’s EdCentral (footnotes removed):

In the IDEA legislation, Congress set a maximum target for the federal contribution to special education spending equal to 40 percent of the estimated excess cost of educating children with disabilities. Thus, if the program were “fully funded,” the states would receive their maximum grants, calculated at 40 percent of the national average per pupil expenditure (APPE) times the number of children with disabilities served in the school year 2004-2005, adjusted for population changes. Under the act, the count of children with disabilities cannot exceed 12 percent of the state’s total school population.

For FY 2014, IDEA federal funding covered 16 percent of the estimated excess cost of educating children with disabilities, less than in FY 2008 when federal funding covered 17 percent of the cost and well below FY 2009 when additional funding through the American Recovery and Reinvestment Act covered 33 percent of the cost. IDEA Part B “full funding” for FY 2014 would have amounted to approximately $28.65 billion, or roughly $17.17 billion more than was actually appropriated. The shortfall in IDEA funding has been assumed by the states and local school districts.

Yet there is something chilling about some of the debate about this issue. The debate is being played out in legalese — there’s  lots of talk about “procedure” — in the world of words rather than people. As Supreme Court Justice Samuel A. Alito Jr. said in Wednesday’s hearing: “What is frustrating about this case and this statute is we have a blizzard of words.”

A blizzard of words that seem to fly right over the actual people being affected. As Gary Mayerson, a civil rights lawyer and board member of Autism Speaks, an advocacy organization, said in this article by my colleague Emma Brown: “I can’t even believe that this is really a question for the court to wrestle with.”

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