Tag Archives: Constitution

Update: Weinstein Lawsuit Case Law

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

Another Pentagon Complaint

As previously reported on the Religion Clause, TruthOut is reporting that Weinstein’s MRFF is again complaining about an outside Christian organization having access to the Pentagon.  This time it was David Kistler’s HOPE ministries.

The article makes it unclear whether it is the theology that is the issue (since much of the article is a mockery of Kistler’s views) or the fact it was a religious organization.

While the writer makes it appear that it is “intuitively obvious” that the Pentagon again violated the ‘Constitutional separation of church and state,’ that is not the case.  Chaplains routinely host outside visitors of varied religious persuasions for the spiritual benefit of their servicemen, which is their legal duty.

While Weinstein may disagree, the Constitution and the courts have supported the religious influence of the chaplaincy and its programs in the military.

1 79 80 81