At last, a minor setback for
Muslim appeasement
By Vincent Gioia
The politically correct catering to Muslims has reached
ridiculous proportions so it is good to finally see even a minor road block in
the headlong rush to appease Muslims.
The Supreme Court said Tuesday that a Muslim inmate cannot sue
the government over the disappearance of the prisoner's copies of the Quran and
a prayer rug.
Abdus-Shahid M.S. Ali says the missing books and rug reflect
widespread harassment against Muslim inmates in federal, state and local prisons
stemming from the Sept. 11 terrorist attacks. (Ali is serving a sentence of 20
years to life in prison for committing first-degree murder in the District of
Columbia.)
Besides the two copies of the Quran and the prayer rug, Ali is
missing stamps and other personal items worth $177 that he says never showed up
after his transfer from a federal penitentiary in Atlanta to Big Sandy
penitentiary at Inez, Ky., in 2003. He said the last time he saw the now-missing
items was when he turned them over to a prison supervisor in Atlanta.
Under the Federal Tort Claims Act lawsuits against the
government over goods detained by customs and excise officers or "any other law
enforcement officer" are blocked. The issue in the case was whether federal
prison guards are immune from suit under the. Two lower federal courts said Ali
cannot sue because prison officials are law enforcement officers.
In another instance of the ‘usual suspects’, The U.S. Supreme
Court ruled 5-4 that Ali had no case and the law suit should be thrown out.
Naturally, the four liberal Justices on the court ruled in favor of Ali. Justice
Clarence Thomas, writing for a majority that cut across ideological grounds,
agreed with the lower courts. The law "forecloses lawsuits against the United
States for the unlawful detention of property by 'any,' not just 'some,' law
enforcement officers," Thomas said. Chief Justice John Roberts and Justices
Samuel Alito, Ruth Bader Ginsburg and Antonin Scalia joined Thomas. The
dissenters were Justices Stephen Breyer, Anthony Kennedy, David Souter and John
Paul Stevens.
In his federal law suit, Ali said "Reports from all over the
country have come in" on Muslims' religious property that "has been destroyed,
confiscated, looted, lost, stolen or taken without cause". Ali also said in his
court papers that Muslim inmates have been subjected to "very hard times and bad
treatment" at the hands of federal, state and local prison employees. Ali tried
to convince the court that "many prison employees think that they can hurt you
best taking your personally owned property".
Of course the primary issue Ali based his suit on is that
because he has "practiced his faith to the fullest" he has been subjected to
prison officials repeatedly confiscating and destroying his legal and religious
property. Ali said he has been harassed for his religious beliefs "year after
year" in both the District of Columbia Department of Corrections and the U.S.
Bureau of Prisons.The ruling in this case was the first 5-4 split of the current
term. During the last term there was a 5-4 division on 24 cases.