Pro-Life News

Notre Dame 88 Motion Granted for Court to Decide Judge's Recusal

Attorneys Argue For Complete Dismissal
SOUTH BEND TRIBUNE -- The cases of close to 90 anti-abortion demonstrators arrested on the University of Notre Dame campus will not be headed to trial anytime soon. A judge on Thursday granted a defense attorney's motion that a higher court decide if the judge should recuse herself from the cases before they move forward. Defense attorney Thomas Dixon, who represents a large number of the defendants, has repeatedly argued that a new judge should oversee the group of anti-abortion activists who have opted to take their trespassing cases to trial. . . . Attorney Erik Zimmerman, who represents three of the defendants, argued that despite its "private" university title, Notre Dame and its police officers should be considered "state actors." If deemed a "state actor," an entity is subject to the same constitutional standards, including First Amendment laws, of any public place or grounds. Notre Dame Security Police is an agency "endowed with governmental" responsibilities, said Zimmerman, thus making it comparable to a public police department. He also argued that the college itself is a state actor, being a well-known tourist attraction, hosting football games and presenting many events that are open to guests. In that vein, arresting demonstrators for protesting abortion and the university's choice of commencement speaker was "viewpoint discrimination," Zimmerman and Dixon said, adding that by contrast the university allowed pro-President Barack Obama demonstrations on campus at the same time.
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Posted by Editor at December 4, 2009 01:24 AM