(Via Indiana Law Blog) The 7th Circuit Court of Appeals will hear oral arguments in the case of Hinrichs v. Bosma (in his official capacity as Speaker of the House of Representatives) on Thursday, September 7 at 10:30 a.m. in Chicago. The appellate materials are available here, including briefs from the parties and amici briefs from the American Jewish Congress, the Anti-Defamation League, Advance America, the Indiana Family Institute, and the “Liberty” Counsel. The issue, as readers might recall, is whether the Speaker of the House of Representatives can exercise his authority over access to the Speaker’s podium during session to allow sectarian prayer, such as a revival-style singing and clapping rendition of “Just a little walk with Jesus” as official business of the Indiana House of Representatives. The District Court for the Southern District of Indiana ruled that the government’s ability to engage in such public speech was limited and that the Constitution’s limitation on the government prohibited this activity. Speaker Bosma has appealed the decision.
According to a story in the Indianapolis Star by Mary Beth Schneider, the appeal is currently being paid for by taxpayers, but Speaker Bosma is appealing to “the public” to defray expenses in excess of $67,000 paid to a Washington, D.C. law firm. Taking Down Words suggests that this issue will play into the GOP “WedgeWhack” strategy wherein Republican strategists seek to distract voters from bread-and-butter issues with emotionally charged wedge issues.