In a fairly well written argument, the government has filed a motion to dismiss the ongoing lawsuit against the Defense Department brought by Army Specialist Jeremy Hall and the Military Religious Freedom Foundation. (The response was due, and filed, on the 8th.) Salient points are below (emphasis added), though many were previously already talked about here.
The short version: he failed to use the systems in place to seek redress; the solutions he requests are already in place; and he does not allege harm by any “institutional bias” for which the only support is a list of vague references.
On the request that Secretary of Defense Gates be required to prevent Constitutional violations by his military subordinates:
Secretary Gates already exercises his authority to prevent constitutional violations through the Army’s existing Equal Opportunity Program — which Specialist Hall failed to invoke…
As previously noted, US Army soldier Jeremy Hall, represented by the MRFF, has sued the Army. The Associated Press picked up on the story, and it is now on CNN and Fox.
The AP has released an article describing how Weinstein dropped his lawsuit against the Army (discussed in previous posts 1, 2) so he could re-file it, adding an allegation that Specialist Jeremy Hall, his plaintiff, has been passed over for promotion as a result of the ongoing lawsuit. The text of the new suit is not yet available. As noted in the previous commentary, the lawsuit previously listed virtually every Christian ministry to the military as illegal entities, and continued to cite “Constitutional violations” about units that no longer existed.
As reported on the Religion Clause.
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Each new year brings the traditional resolutions and, regrettably, a new wave of controversies. Weinstein’s lawsuit Read more
Michael Weinstein’s Military Religious Freedom Foundation is again focused on Campus Crusade for Christ. CCC is the parent organization of Christian Embassy, which was the impetus for an Inspector General investigation earlier this year that found officers unlawfully supported the organization.
Weinstein’s latest accusations–which he contends will be integrated into his ongoing lawsuit against an Army Major and the Secretary of Defense–revolve around the concept of “government-paid missionaries,” a term sometimes used in reference to Campus Crusade military members. Read more
In previous posts (original, update) regarding the MRFF lawsuit against Jeremy Hall’s superior officer and the Defense Department, it has been noted that the American judicial system has been loathe to interfere with the separate judiciary of the military. It has also been noted that, to this point, it does not appear Hall utilized the in-place grievance systems.
So as not to depend on “urban legend” and rumor, a little research resulted in finding the Supreme Court case of Chappell v. Wallace (1983), which addresses both of these concerns, and is quoted extensively below.
In Chappell v. Wallace, 462 U.S. 296 (1983), which can be referenced in its entirety here, the US Supreme Court held that superiors could not be sued by their subordinates because Read more
According to a press release, Weinstein’s Military Religious Freedom Foundation has sued the military on behalf of an Army soldier. According to the announcement, an officer harassed Army Specialist Jeremy Hall when he attempted to convene a meeting of atheists. (The text of the suit is not yet available.)
Updated 20 September: The text of the lawsuit is available here. See the new post for latest commentary.
The lawsuit apparently names the Defense Secretary Robert Gates as defendant because the incident is evidence of “a pattern of military practices that discriminate against non-Christians in the military,” which he allegedly permitted in his role as Defense Secretary.
Much like his Academy lawsuit, it appears that Weinstein is attempting to aggrandize a discrete event into a larger opportunity. A niche news article on the suit (which has yet to be seen in the mainstream media) indicated that the assertions meandered from the soldier to other unrelated issues, like alleged military support of civilian Christian organizations as well as the recent Pentagon IG report (previous commentary). Weinstein himself has implied that this goes ‘beyond’ the two men, and said that Read more