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- Jun 18, 2018
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"When the U.S. Supreme Court ruled in June that Bremerton assistant football coach Joseph Kennedy had the right to pray on the field, it wasn’t widely understood then that the court had also ordered the school district to give him his job back. ...It’s an increasingly surreal situation for the Bremerton schools. They were ordered to “reinstate Coach Kennedy to a football coaching position,” according to court documents. But the now-famous coach is out on the conservative celebrity circuit, continuing to tell a story about “the prayer that got me fired” — even though Bremerton never actually fired him. ...“He was not terminated,” Bevers said. The head coach at the time had moved on, as did most of the coaching staff.
...“You can’t sue them for failing to rehire you if you didn’t apply,” one lawyer, Mercer Island’s Michael Tierney, argued during a lower court session. “The District didn’t get an application from him, had four positions to fill and filled them with people who had applied. It didn’t fail to rehire him.” The Supreme Court simply ignored this inconvenient fact — along with a host of others. At one point during oral arguments, as a different school district attorney was saying the narrative that had been spun didn’t fit with the facts — that the coach’s prayers were neither silent nor solitary, nor was he fired — Justice Samuel Alito interrupted him, saying “I know that you want to make this very complicated.”
...“It’s not a question of firing, and in fact, he was put on paid leave,” the lawyer pleaded, fruitlessly, to Alito. In the end, it all was too complicated. The effect of the court’s order is that Bremerton has to reinstate someone who didn’t apply for the job then and doesn’t appear eager for it now. It’s as if the justices wanted to script an ending for a Christian redemption movie. But real life isn’t cooperating."
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It's difficult to defend the legitimacy of the court when it's decisions, like this, are nonsense.
...“You can’t sue them for failing to rehire you if you didn’t apply,” one lawyer, Mercer Island’s Michael Tierney, argued during a lower court session. “The District didn’t get an application from him, had four positions to fill and filled them with people who had applied. It didn’t fail to rehire him.” The Supreme Court simply ignored this inconvenient fact — along with a host of others. At one point during oral arguments, as a different school district attorney was saying the narrative that had been spun didn’t fit with the facts — that the coach’s prayers were neither silent nor solitary, nor was he fired — Justice Samuel Alito interrupted him, saying “I know that you want to make this very complicated.”
...“It’s not a question of firing, and in fact, he was put on paid leave,” the lawyer pleaded, fruitlessly, to Alito. In the end, it all was too complicated. The effect of the court’s order is that Bremerton has to reinstate someone who didn’t apply for the job then and doesn’t appear eager for it now. It’s as if the justices wanted to script an ending for a Christian redemption movie. But real life isn’t cooperating."
Link
It's difficult to defend the legitimacy of the court when it's decisions, like this, are nonsense.